Extract of email from the Department of Health .....
"regarding the Mental Capacity Act (MCA) and the Bournewood Gap. Your email has been passed to me and I hope that the following reply is of help.
Firstly, I can confirm that it is, indeed, anticipated that the MCA will come into force in April 2007.
Secondly, as you may be aware, the Government is using the Mental Health Bill as a vehicle for introducing the Bournewood safeguards, through amending the Mental Capacity Act 2005. These safeguards are for people who lack capacity and are deprived of their liberty but do not receive mental health legislation safeguards.
A report on the outcome of the Bournewood consultation process was published on 29 June 2006. The report summarises the key issues raised in response to the consultation and, where appropriate, explains why the Government has taken a different view from that of respondents.
The Bournewood consultation period ran from 23 March 2005 to 17 June 2005. The consultation document posed ten broad questions but invited comments on any issues that respondents considered to be relevant. In total, 108 responses were received from a wide group of both organisations and individuals. Whilst a range of views were expressed in response to the consultation, the overall picture was one of general support for the Protective Care proposals outlined in the consultation document. The Bournewood provisions that have subsequently been developed remain broadly in line with those Protective Care proposals, although some amendment has been made in the light of the responses to the consultation and our further thinking. In addition, we have established a Bournewood Implementation Advisory Group. We are not planning to consult further before these amendments are introduced into Parliament.
The Mental Health Bill will be introduced when Parliamentary time allows.
You can find more information on the Department of Health's website (www.dh.gov.uk) and then type in Mental Health Law in the search box.
I hope that this reply is of help".
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