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Ill treatment (under the Mental Health Act)

Section 44 of the Mental Capacity Act 2005 (MCA) introduces a new offence of ill treatment of a person who lacks capacity by someone who is caring for them, or acting as a Court Appointed Deputy or Attorney for them. That person can be guilty of ill treatment if they have deliberately ill-treated a person who lacks capacity, or been reckless as to whether they were ill-treating the person or not. It does not matter whether the behaviour was likely.


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