Bournewood gap and deprivation of liberty

Bournewood Gap

An adult patient who was suffering from autism was admitted to bounwood hospital because he by himself was not resisting to be admitted although his carers were not willing for this. This case indicated a "gap" in the law i.e. Failure to protect an individual's liberty if he can not resist.

Deprivation of liberty safeguards

Bournewood case lead to deprivation of liberty safeguards act in 2007, according to which such patients will be asses by a 'best interests assessor' before such action is taken to make sure it is in the best interest of the patient. The act itself is complicated.

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