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Centre for Policy on Ageing | |
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Bournewood and beyond
— is there a need for reform after R v Bournewood Mental Health NHS Trust ex parte L? | | Author(s) | Camilla Parker |
| Journal title | EAGLE Journal, vol 7, no 3, Dec 1998/Jan 1999 |
| Pages | pp 8-13 |
| Keywords | Psychogeriatric patients ; Admission [hospitals] ; Law. |
| Annotation | Although agreeing with his fellow law lords in R v Bournewood Mental Health Trust ex parte L, that people who are incapable of giving consent to their admission to hospital can be admitted and cared for without using the Mental Health Act 1983, Lord Steyne expressed major concerns about the consequences of reaching such a decision. Section 131(1) of Act provides for the admission to hospital without the formalities and procedures necessary for detention under the Act, and was central to the House of Lords reversing the decision of the Court of Appeal. This article outlines the content of "preliminary guidance" from the NHS Executive on the practical consequences of the House of Lords' decision. The author suggests that further guidance is required which should include the test for capacity for admission, and how clinicians should decide whether the test has been satisfied. The role of the Mental Health Act Commission should be extended, and the 1983 Act reviewed, as suggested in the Law Commission's recommendation for a "Mental Incapacity Bill". (RH). |
| Accession Number | CPA-990414001 A |
| Classmark | LF:E: LD:QKH: 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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