Seclusion After the Human Rights Act: Important New Court Guidance.

Mondaq Business BriefingNbr. 2003, May 2003

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UK law

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Seclusion After the Human Rights Act: Important New Court Guidance.

Originally published in August 2003

The power to seclude a patient has long been recognised as a necessary element in dealing with patients who are detained under the Mental Health Act 1983 and who pose a risk of significant harm to others. The Code of Practice defines seclusion as "the supervised confinement of a patient in a room, which may be locked to protect others from significant harm. Its sole aim is to contain severely disturbed behaviour which is likely to cause harm to others".

Seclusion had been a practice that, in view of its nature, inevitably has given rise to concerns. These concerns include the misuse of seclusion as a punitive measure and th...

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