R v Bournewood Community and Mental Health NHS Trust
UK LEGAL CASE
The bournewood judgment; Bournewood gap
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 of Human Rights ruling, however, found that the man had been unlawfully deprived of his liberty in the meaning of Article 5 of the European Convention on Human Rights.