Article 8: the forgotten right for older patients

It is easy for psychiatrists and other health professionals when considering detaining someone under the Mental Health Act (MHA), Mental Capacity Act (MCA) or even arranging placement in a care home to only consider the safeguards under the Deprivation of Liberty Safeguards (DOLS) specifically relating to Article 5 of the European Convention of Human Rights (ECHR). We fully understand the importance of considering Article 5, which is prevalent now, especially since the Government’s final response to the Law Commission’s review1 that states that Parliament will now bring forward legislation to implement the changes highlighted by the Commission. We agree these