Autonomy, liberty, and risk: The ethical and legal challenges of suspending leave of absence for patients detained under the Mental Health Act 1983 during the COVID-19 (coronavirus) pandemic. (July 2022)

• Record Type: Journal Article
• Authors: Loughran, Matthew; Latham, Richard
• Is Part Of: Medicine, science and the law. Volume 62:Number 3(2022)
• Page Start: 216
• Page End: 224
• Publication Date: 2022-07
• Subjects: COVID-19 -- coronavirus -- mental health law; Forensic sciences -- Periodicals; Medical laws and legislation -- Great Britain -- Periodicals; 614.105
• DOI: 10.1177/00258024221099691
• Languages: English
• ISSNs: 0025-8024

Abstract

During the COVID-19 pandemic, many governments around the world have imposed significant restrictions on freedom of movement to tackle the virus. Mental health units have mirrored this approach, implementing restrictive measures to safeguard the health of patients, staff, and the wider community. This paper explores the relevant legal provisions and ethical principles that guide medical decisions regarding restriction of liberty, before considering the suspension of leave from hospital that occurred in several mental health services in response to the pandemic. It reviews how existing ethical principles within the field of public health may support a better-informed decision-making process, should similar widespread restrictions be imposed again.