Committee repeats calls for Mental Capacity Bill to be amended

    A parliamentary committee has repeated calls for the government
    to amend the Mental Capacity Bill to prevent the unlawful detention
    of people who lack the capacity to resist, writes
    Mithran Samuel.

    In its second report on the bill, the joint committee on human
    rights said the bill remained incompatible with the European
    Convention on Human Rights because it did not include safeguards
    against “compliant incapacitated” people being detained
    in hospital.

    Earlier this month, the government said it would shortly consult
    on the European Court of Human Rights’ ruling that an
    autistic man, HL, was detained unlawfully at Bournewood Hospital,
    Surrey, for five months because he could not discharge himself.

    However, ministers have not answered the committee’s call,
    first made last November, to respond to the Bournewood judgement
    through the Mental Capacity Bill.

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