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Purpose

– The purpose of this paper is to explore the clinical implications of the case of AM and the ruling that the Mental Health Act no longer has primacy over other legislation in certain treatment situations.

Design/methodology/approach

– Critical case analysis and discussion.

Findings

– The Mental Capacity Act Deprivation of Liberty Safeguards could be used more widely, and in preference to the Mental Health Act, but this may cause problems to clinicians and other decision makers such as Mental Health Tribunals.

Originality/value

– This case and its findings have not been widely discussed in academic or clinical practice literature.

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