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Learning difficulties charity Mencap welcomed a 10-minute rule bill introduced in the House of Commons by Helen Clark, Labour MP for Peterborough, last week.

The bill would ensure that patients who are informally detained have the same rights as patients detained formally under the Mental Health Act 1983, the moment a carer challenges the decision.

It would apply to people with severe learning difficulties or mental illness who are unable to consent to being admitted to hospital.

The bill closes the loophole that allows people with learning difficulties who cannot communicate their wishes to be detained indefinitely for treatment of a mental health condition, without appeal.

The loophole was highlighted when a man with severe learning difficulties was informally detained in hospital by Bournewood Community and Mental Health NHS Trust in 1997.

The appeal court ruled his detention was unlawful but this was overturned by the House of Lords. However, the health service ombudsman ruled Bournewood should not have detained the man. The case is going to the European Court of Human Rights.

Clark told MPs: "The law as it stands fails to give adequate protection to a vulnerable group of individuals, and it discriminates against those who are most disadvantaged and their families and carers."

The bill will receive a second reading on 12 April.