This section was inserted by the Mental Health Act 2007. It was the UK government’s response to the Bournewood litigation (HL v UK) which resulted in the European Court of Human Rights deciding that detention of persons lacking capacity under the common law ‘doctrine of necessity’ breached the European Convention on Human Rights. This section […]
You need to log in to Community Care Inform to view this content. If you have a subscription, please log in here.
Please contact the Community Care Inform helpdesk or phone 020 3915 9444 if you require support or assistance or are unsure if you have a subscription. You can see a list of subscribing local authorities and organisations here.
If you don’t currently have access, click here to find out more about subscribing to Community Care Inform.