The 'Bournewood Gap' and the Deprivation of Liberty Safeguards in the Mental Capacity Act 2005

The Deprivation of Liberty Safeguards (DOLS) were recently introduced into the Mental Capacity Act (MCA) via an amendment to mental health legislation in England and Wales. As Shah (2011) discusses, the rationale behind creating these protocols was to close what is commonly referred to as the ‘Bournewood gap’; a legislative loophole that allowed a severely autistic man (H.L.) who did not initially dissent to admission to be detained in a hospital and deprived of his liberty in his ‘best interests’ as judged by his clinical team. Before the implementation of the DOLS, patients who lacked the capacity to consent to admission or treatment but who were nonetheless compliant could be admitted informally and treated as ..
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1353/ppp.2011.0018
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 35,976
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Decision-Making Capacity and the Deprivation of Liberty Safeguards.Peter Lucas - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):117-122.
The Pragmatic Aspects of Assessing Mental Capacity.Ajit Shah - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):133-134.
The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005.Ajit Shah - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):111-115.
Mental Competence or Best Interests?Ajit Shah - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):151-152.
Capacity, Mental Mechanisms, and Unwise Decisions.Tim Thornton - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):127-132.
Clarifying Capacity: Reasons and Value.Jules Holroyd - forthcoming - In Lubomira Radoilska (ed.), Autonomy and Mental Health. Oxford University Press.
The Mental Capacity Act 2005.Julian Sheather - 2006 - Clinical Ethics 1 (1):33-36.
The Mental Health Act 1983 (England and Wales): Legal Safeguards in Limbo.Jill Peay - 1986 - Journal of Law, Medicine and Ethics 14 (3-4):180-189.


Added to PP index

Total downloads
35 ( #183,663 of 2,293,908 )

Recent downloads (6 months)
1 ( #412,142 of 2,293,908 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature