4.3 General principles under section 47

All decisions made on behalf of an adult with incapacity must:

  • be of benefit to the adult, for example, administering medication
  • take account of the adult’s feelings and wishes, both present and past
  • where it is practical, take account of the wishes of the nearest relative, primary carer, proxy and relevant others advocating for the patient
  • restrict the person’s freedom as little as possible while achieving the desired benefit
  • encourage the person to exercise any residual capacity

It is good practice for those close to the patient to be involved in giving information about the patient to the health professional in charge of the patient’s care. This principle stands unless the patient has previously made it clear that particular individuals should not be involved in any aspect of their care.

4.3.1 Restriction of Section 47

If part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003 applies to a person, then section 47 of the Adults with Incapacity Act 2000 does not apply.

Section 47 does not give authority to treat an adult in the following ways:

  • the use of force or detention, unless it is immediately necessary and only for so long as is necessary in the circumstances
  • taking action which would be inconsistent with any decision by a competent court
  • placing an adult in hospital for treatment of mental disorder against his will.