Case Study: The Bournewood Case

734 Words3 Pages
Kathleen Lowe The Bournewood case H L is a adult male who is autistic & with profound learning difficulties. He lived in Bournewood hospital from the age of 13 for more than 30 years. In 1994 he was discharged into the community to live with Mr & Mrs E. On 22 July H L became agitated at his day care centre & Was admitted to the accident & emergency department at Bournewood hospital under sedation. Due to the sedation he did not resist admission so doctors chose not to admit him using the powers of mental health act. H L was compliant & never attempted to leave hospital. His carers were prevented from visiting so that he would not attempt to leave with them. A report from the health service ombudsman heard evidence…show more content…
They heard evidence that the ruling by the court could mean that tens of thousands of people could be detained under the mental health act. In assessing whether H L had been detained they concluded in the common law of false imprisonment, because there must be actual & not just potential restraint to engage the tort. Some have suggested this might be at odds with other false imprisonment procedures. It was this aspect of the judgment stating that the trusts augment that H R had not been formally detained & was always free to go as stretching credibility to the breaking point. Unanimously it was held that even if H L had been found to have been detained it would have been justified under common law of necessity. Although concurring this finding it was commented that was an “unfortunate result as it left compliant but incapacitated patients without safe guards” of patients that had formally been detained under the mental health…show more content…
During this it was considered that the compliant but incapacitated adults in care homes & hospitals might be deprived of their liberty in the meaning of the convention. This resulted in the amendment of the mental capacity act of 2005 to contain the deprivation of liberty safeguards. The purpose of the deprivation of liberty safeguards also known as DOLS was to protect the interests of extremely vulnerable groups of individuals and to ensure people are given care in the least restrictive way, prevent arbitrary decisions that deprive vulnerable people of their liberty and provide them with the rights to challenge against any unlawful detention. This applies to anyone over the age of eighteen, who as a mental disorder, who lack the capacity to consent to the arrangement made for their care and whom a deprivation of liberty may be necessary in their best interests to protect them from

More about Case Study: The Bournewood Case

Open Document