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Least Restrictive — MRCPsych Paper B MCQ

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EasyMental Health LawLeast RestrictiveMRCPsych Paper B

A patient in England lacks capacity to decide where to live. Two care plans are both in the patient's best interests and would achieve the required level of safety and support equally effectively. The team chooses the plan that interferes less with the patient's rights and freedom of action. Which statutory principle of the Mental Capacity Act 2005 is most specifically illustrated?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: E — Least restrictive option (section 1(6))

Explanation lettering: D = shown as C · E = shown as D · C = shown as E

The correct answer is C, the least restrictive option. Section 1(6) of the Mental Capacity Act 2005 requires consideration of whether the required purpose can be achieved as effectively in a way that restricts the person's rights and freedom of action less. Here, both plans are effective and in the patient's best interests, so the less restrictive plan should be selected. Best interests (A) remains relevant to every decision made for a person lacking capacity, but it does not alone explain the choice between the two equally effective plans. Presumption of capacity (B) and support to make decisions (E) apply before concluding that capacity is lacking. The unwise-decision principle (D) prevents an apparently unwise choice from being treated, by itself, as evidence of incapacity.

Reference: Department for Constitutional Affairs. Mental Capacity Act 2005 Code of Practice, Chapter 2, paragraphs 2.14–2.16 and section 1(6), 2007. https://www.legislation.gov.uk/ukpga/2005/9/pdfs/ukpgacop_20050009_en.pdf