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Centre for Policy on Ageing | |
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| Government proposals to close the Bournewood gap | | Author(s) | Christopher Curran, Catherine Grimshaw, Anthony Deery |
| Journal title | Openmind, no 142, Nov/Dec 2006 |
| Pages | pp 24-25 |
| Keywords | Mental disorder ; Rights [elderly] ; Court of protection ; Law. |
| Annotation | Explained are the government's proposals to address some of the issues required to close the "Bournewood gap". The principles of the Mental Capacity Act 2005 (MCA) will apply, including the requirement to act in the best interests of the incapacitated person and in the least restrictive manner. It is concluded that it is unclear how people will gain access to legal aid and representation at the new Court of Protection, and how hospitals and care homes will cope with the potential workload. If the Bournewood proposals do materialise, they would apply to an adult who i) suffers from a mental disorder or a disability of mind; ii) lacks the capacity to give informed consent to the arrangements made for their care; iii) for whom such care - in circumstances that amount to a deprivation of liberty within the meaning of Article 5 of the European Convention on Human Rights (ECHR) - is considered after an independent assessment to be necessary in their best interests to protect them from harm. (KJ/RH). |
| Accession Number | CPA-061212204 A |
| Classmark | E: IKR: JVC: VR |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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