Additional safeguards for ECT introduced in new s58A

Electroconvulsive therapy (ECT) is no longer covered by s58 but by the new s58A. This change takes place on 1/11/08 when the relevant provisions of the MHA 2007 come into force.

If the patient is "capable of understanding the nature, purpose and likely effects of the treatment" then ECT cannot be given without his consent.

If the patient lacks capacity then ECT must be certified as "appropriate" and must not conflict with an advance decision (which the registered medical practitioner concerned is satisfied is valid and applicable) or with a decision made by a donee or deputy or by the Court of Protection.

The previous position, under s58, was that a patient with capacity could be given ECT with consent, and a patient lacking capacity could be given ECT if it was certified that "having regard to the likelihood of its alleviating or preventing a deterioration of his condition, the treatment should be given".