| 释义 |
Bournewood gap
A legal loophole that has enabled adults without mental capacity but who are compliant to be hospitalized and treated for psychiatric problems without the procedural safeguards offered by the Mental Health Act 1983. The European Court of Human Rights has ruled that such practice violated a patient’s right to liberty (HL v UK App no 45508/99 (2004) 40 EHRR 761). As a result the Mental Capacity Act 2005 was amended (2007) to provide a new framework, referred to as the Deprivation of Liberty Safeguards; from 2019 this was in turn replaced by the Liberty Protection Safeguards. |