Abstract

New ruling on unlawful detention

Highlights

  • Sir: Until recently, people with mental incapacity who have expressed neither consent nor dissent to their detention as informal in-patients, have not been subject to the safeguards incorporated within the 1983 Mental Health Act

  • Bournewood Community and Mental Health NHS Trust) (Inability to consent makes detention illegal, The oTfimAesp,pe8alDebcyemtbheer 'n1e9x9t7) fwriaesndt'akoenf atomthaen Cwouitrht autism who had been informally admitted to Bournewood Hospital

  • If a patient lacks capacity and no application for admission under the 1983 Mental Health Act is made, hospitals are entitled to look after the patient to prevent him/her from harming themselves until reasonable satisfac tory arrangements can be made for their care

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Summary

Introduction

Sir: Until recently, people with mental incapacity who have expressed neither consent nor dissent to their detention as informal in-patients, have not been subject to the safeguards incorporated within the 1983 Mental Health Act. This practice was brought under closer scrutiny last year, resulting in a major revision of issues surround ing the care of people suffering from learning disabilities. Bournewood Community and Mental Health NHS Trust) (Inability to consent makes detention illegal, The oTfimAesp,pe8alDebcyemtbheer 'n1e9x9t7) fwriaesndt'akoenf atomthaen Cwouitrht autism who had been informally admitted to Bournewood Hospital. The appellant could express neither consent nor dissent to the admission.

Results
Conclusion

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