HL v United Kingdom (Bournewood)
(2004) 40 EHRR 32
Ratio Decidendi
The informal admission of a compliant but incapacitated patient to a psychiatric hospital amounted to a deprivation of liberty under Article 5 ECHR, and the lack of procedural safeguards violated Article 5(4).
Facts
HL, an autistic man lacking capacity, was informally admitted to Bournewood Hospital. He was compliant but would have been detained had he tried to leave. No formal procedures or safeguards applied.
Judgment Summary
The ECtHR held that HL was deprived of his liberty and that the absence of procedural safeguards for informally detained incapacitated patients violated Article 5. This led to the creation of the Deprivation of Liberty Safeguards (DoLS).
Key Quotes
"The concrete situation of the applicant must be considered, including the degree of supervision and control, and whether the person was free to leave."
— ECtHR
Subsequent Treatment
Led directly to the introduction of DoLS in England and Wales.