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.

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