12. Authorisation for Medical Treatment
At the moment there is nothing in the law about stopping a patient from leaving hospital if that is the best way to keep them safe during or after treatment for physical health problems.
But if an adult is taken into hospital against their consent for psychiatric treatment, the law says they can be kept in hospital against their wishes if it is for their own good. This is done through a section 47 certificate.
We suggest that there should be a section 47 certificate which also says that adults with incapacity can be stopped from leaving hospital after during or treatment for a physical condition, if that is the best way to keep them safe and healthy. The lead health professional in charge of the patient's treatment would be able to make this decision.
The new section 47 certificate would also allow adults with incapacity to be taken into hospital for treatment or tests if the lead health professional thinks this is the best thing for the adult.
Do you agree that we should change the law so that adults with incapacity should be kept in hospital against their wishes if that is the best way to keep them safe and healthy?
Do you think that the law should allow an adult with incapacity to be taken to hospital for the treatment of a physical illness or to have tests?
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