Views sought on unlawful detention

Consultation on changes to the Mental Capacity Bill to safeguard
people who lack capacity against being unlawfully detained will
begin soon.

Baroness Cathy Ashton told the House of Lords this week that the
implications of the Bournewood judgement were complex and needed
further discussion.

Campaigners have been pushing for safeguards since the European
Court of Human Rights ruled last October that an autistic man’s
detention at Bournewood Hospital in Surrey breached his human
rights.

Ashton added that changes to the term “independent consultee”
were also being considered. Campaigners want to ensure that the
role is one of independent advocate.