Schedule 6
Mental Health Bill [Lords]
4:30 pm
Tim Boswell (Daventry, Conservative)
Does my hon. Friend agree that if the circumstances are broadly similar and patients are receiving the same regime, whether formally in a hospital or otherwise, and if the essential difference between them is that some are detained under the Mental Health Act and some under the rather more comprehensive provisions of the Mental Capacity Act—if there is no other difference except their in statutory detention—it is a prima facie case of discrimination under the European convention, because the public authorities will be delivering a service partially between one case and another?