Ill Treatment or Wilful Neglect

Under section 44 of the Mental Capacity Act, it is a criminal offence to ill-treat or wilfully neglect a person who lacks the capacity to make decisions for themselves. Any act of wilful neglect or ill treatment may be subject to criminal proceedings if it is carried out by:

1. A carer (paid or unpaid); or
2. A Deputy appointed by the Court of Protection; or
3. An Attorney under a Lasting Power of Attorney or an Enduring Power of Attorney.

Ill-treatment and wilful neglect are separate offences. The ill-treatment must either have been deliberate or may have arisen because the person was reckless about whether they were ill-treating the person or not. Wilful neglect involves deliberately not doing something that the person knew they ought to have done.

If found guilty on summary conviction (without a jury) the carer, Deputy or Attorney is liable to:

1. Imprisonment for a term not exceeding 12 months; and/ or
2. A fine not exceeding the statutory maximum.

If found guilty on conviction on indictment (by a jury) the carer, Deputy or Attorney is liable to:

1. Imprisonment for a term not exceeding 5 years; and/or
2. A fine not exceeding the statutory maximum.