British Court Rules: Unjustified seclusion of psychiatric patients is breach of Human Rights

In Britain, the Court of Appeal has ruled that two hospitals caring for detained psychiatric patients were wrong to disregard provisions in the Mental Health Act code of practice on the use of seclusion—the hospital equivalent of solitary confinement. The judgment, which lawyers and psychiatrists expect will have far reaching consequences, overturned two earlier High Court case rulings that held that the hospitals had to have regard to the code of practice but were not obliged to follow it.

The appeal court held that unjustified seclusion is a breach of article 8 of the European Convention on Human Rights: the right to respect for private life. The right can be interfered with only for a legitimate aim and only "in accordance with law."

The decision is reported in the British Medical Journal.