The second reading of a bill intended to provide protection for people with a mental disorder who are unable to consent to being treated in hospital has been delayed by parliamentary procedures.
The Patients Without Legal Capacity (Safeguards) Bill seeks to provide protection for people unable to consent to treatment in a mental hospital including people with learning difficulties or Alzheimer’s disease.
The gap in the law has become known as the Bournewood Gap following the case of Mr L, who had severe learning difficulties and was informally detained in hospital by Bournewood Community and Mental Health NHS Trust. His case is to be heard by the European Court of Human Rights.
The Commons bill could now receive a second reading on May 10.
Detention risk in Mental Health Bill
27 January 2005
Youth Justice and the Youth Justice Board
26 August 2008
Substance misuse
15 August 2008
Details of government consultations
21 August 2008
Private Member Bills
25 July 2008
Government Legislation
25 July 2008
