Bournewood: an indefensible gap in mental health law

BMJ 1998;317:94-95 ( 11 July )

Editorials

Bournewood: an indefensible gap in mental health law

Capacity is set to become a major clinicolegal issue

The first 150 words of the full text of this article appear below.

In December 1997 the Court of Appeal ruled that it was unlawful to admit an autistic adult to a psychiatric hospital on an informal basis when the patient lacked the capacity to take partin that admission, even if he did not object. In so doing thecourt determined that any patient who was incapable of consentingto informal admission could only lawfully be admitted under thestatutory procedures of the Mental Health Act 1983, thereby enjoyingthe protections afforded by the act. The judgment has now beenoverturned by the House of Lords,¹ seemingly assuaging theconcern of professionals and the Department of Health that havingto detain all such patients would have major resource implications(through increasing the average number of detained patients from13 000 to 35 000¹). The House of Lords' judgment turned ona legal technicality, as well as discussing at length whetherthe patient was "detained" and, . . . [Full text of this article]

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