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“Plugging The ‘Bournewood’ Gap” |
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Radcliffes Le Brasseur published a report by Andrew Parsons on 8th August 2006 on the Government’s response to consultation on the conflict between the Mental Capacity Act and the European Court of Human Rights decision in the ‘Bournewood’ case, involving mental health and deprivation of liberty.
“The Government has already announced that it proposes to address these issues by amending the Mental Capacity Act… Mandatory consultation with the relatives, friends and carers will be required.
“The Government does not intend to provide a clear definition of ‘deprivation of liberty’, rather the Code of Practice will provide detailed guidance…
“Appeals against deprivation of liberty may be made to the Court of Protection.”
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