European Journal of Health Law 12 : 77-90, 2005. 77 © 2005 Koninklijke Brill N.V. Printed in the Netherlands SELECTED LEGISLATION AND JURISPRUDENCE EUROPEAN COURTS European Court of Human Rights * ECHR 2005/1 Case of H.L. v. United Kingdom, 5 October 2004, no. 45508/99 (Fourth Section) The facts The applicant, born in 1949, has suffered from autism since birth. He is unable to speak and his level of understanding is limited. He is frequently agitated and has a history of self-harming behaviour. He lacks the capacity to consent or object to medical treatment. For over 30 years he was cared for in Bournewood Hospital (“the hospital”). He was an in-patient at the Intensive Behavioural Unit (“IBU”) of the hospital from its inception in or around 1987. On 22 July 1997 the applicant was at the day-care centre when he became particularly agitated, hitting himself on the head with his fists and banging his head against the wall. Staff got in touch with a local doctor who administered a sedative. The applicant remained agitated and was taken to the accident and emergency unit at the hospital. At the hospital, the applicant was assessed by the consultant psychiatrist Dr P
European Journal of Health Law – Brill
Published: Jan 1, 2005
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