Keele Research Repository

The Mental Capacity Act 2005 introduced a new criminal offence of ill-treatment or wilful neglect of a person lacking capacity. The Court of Appeal has clarified the terms of the offence in the case of Dunn1, and more recently in Nursing2 and Patel.3 This article examines the background to the offence, its position within safeguarding practice, and the legal position of formal and informal carers under the Act. Selected reports of prosecutions from local press around the country illustrate application of the offence in practice. Questions are raised as to what the new offence actually adds to the pre-existing legal framework.