In the case ''HL v United Kingdom'' (45508/99) the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...

found that the informal admission to a

psychiatric hospital Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociative ...

of a compliant but incapacitated adult was in contravention of

Article 5 of the European Convention on Human Rights Article 5 of the European Convention on Human Rights (Art.5 ECHR for short) provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept - security of the person has no ...

. The court found that the distinction between actual and potential detention relied upon by the UK

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

in their ruling that HL had not been detained in ''

R v Bournewood Community and Mental Health NHS Trust In ''R v Bournewood Community and Mental Health NHS Trust'' the House of Lords ruled that a man who had been admitted to a psychiatric hospital without capable consent had not been unlawfully detained under the common law. A later European Court ...

'' was not of central importance under Article 5. The European Court also held that the practice of informal admission of compliant but incapacitated adults who were ''de facto'' detained was not 'in accordance with a procedure described by law' and thus was not lawful under the Convention.''HL v. UK'' (2004) - App no 45508/99; 40 EHRR 761 The case resulted in major changes to the admission procedures for incapacitated adults to care homes and hospitals in the UK where they are, or may be, deprived of their liberty (see

Deprivation of Liberty Safeguards The Mental Capacity Act 2005 (c 9) is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity ...

External links

Official transcript
on Bailii

Notes

{{reflist European Court of Human Rights cases involving the United Kingdom Article 5 of the European Convention on Human Rights Mental health legal history of the United Kingdom United Kingdom disability case law Mental health case law 2004 in United Kingdom case law

See also

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Notes