united-kingdom medical time-periods
UK law and time limits
<p>A patient with a history of mental health problems goes to his/her GP claiming depression. However, because the patient does not appear to act in the expected manner, the GP refuses time off.</p>
<p>This is contrary to the <a href="https://www.legislation.gov.uk/ukpga/2005/9/contents" rel="nofollow noreferrer">Mental Capacity Act of 2005</a> that requires
(3) A lack of capacity cannot be established merely by reference to—
(a) a person’s age or appearance, or
(b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.</p>
<p>It turns out that the patient does have some serious problems and suffers at work.</p>
<p>Can the patient take the GP to court because the GP broke the 2005 Act and, if so, is there a time limit that must be observed? If not, what recourse to action would he/she have?</p>

<h2>How is the Mental Health Act relevant?</h2>
<p>It sets out the law relating to removing a person’s decision making ability over their own life and placing it in the hands of a guardian and, possibly, confine them to an institution against their will. The question is not whether a person is mentally ill, it’s whether that illness prevents them from making decisions about their life.</p>
