The European Court of Human Rights’ decision in MH v UKhighlights the shortcomings in Britain’s mental health law

The European Court of Human Rights has ruled in MH v UK that the inability of a woman with Down’s Syndrome to challenge her detention in a hospital under the Mental Health Act 1983 violated her human rights. Claire Overman argues that this judgment throws a spotlight on the issue of the protection available to those with mental illnesses, and demonstrates that there are shortcomings in the existing regime of admission to hospital under the Act.