Mental Capacity Act 2008 · 2020 Revised Edition · Part 3 · Acts in Connection with Care or Treatment
8. Section 7 acts: limitations
Feedback & supportIf D does an act that is intended to restrain P, it is not an act to which section 7 applies unless 2 further conditions are satisfied.
The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.
The second condition is that the act is a proportionate response to —
the likelihood of P’s suffering harm; and
the seriousness of that harm.
For the purposes of this section, D restrains P if D —
uses, or threatens to use, force to secure the doing of an act which P resists; or
restricts P’s liberty of movement, whether or not P resists.
Section 7 does not authorise a person to do an act which is inconsistent with a decision made, within the scope of the authority of, and in accordance with this Act, by —
a donee of a lasting power of attorney granted by P; or
a deputy appointed for P by the court.