Court of Protection Role — MRCPsych Paper B MCQ

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EasyMental Health LawCourt of Protection RoleMRCPsych Paper B

Under the Mental Capacity Act 2005, which court may determine an unresolved dispute about what is in the best interests of an adult who lacks capacity to make the relevant decision?

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Correct answer: D — The Court of Protection

The correct answer is D, the Court of Protection. Under sections 15 and 16 of the Mental Capacity Act 2005, it may determine questions about a person’s capacity and make decisions or declarations concerning their personal welfare or property and affairs, applying the person’s best interests. It is the appropriate court where a serious best-interests dispute remains unresolved. A local authority may be involved in care planning or may apply to the court, but it does not adjudicate the dispute. The First-tier Tribunal has no general jurisdiction over MCA best-interests decisions. Some cases may be heard by High Court judges within the Court of Protection, but jurisdiction is not confined to the High Court. Magistrates’ courts do not undertake this role.

Reference: Mental Capacity Act 2005, ss 15–16 (UK), 2005 (revised legislation version accessed August 2026). https://www.legislation.gov.uk/ukpga/2005/9/pdfs/ukpga_20050009_en.pdf