Background 

H.L. was born with severe autism. This limits his ability to speak and understand others.

For over thirty years, H.L. was cared for in a public hospital. In 1994, he moved in with two carers, Mr. and Mrs. E., with whom he lived happily. 

In July 1997, H.L. was on a visit to a day-care centre when he became agitated. He hit himself on the head with his fists and banged his head against the wall.

Doctors suspected H.L. had a mood disorder. They thought it was best for him to stay in hospital but decided not to formally detain him under mental health law because he did not resist being admitted. He was instead kept in hospital as an “informal patient”.

Mr. and Mrs. E. were prevented from visiting H.L. They became concerned about his care and treatment in hospital. The doctors told them that H.L. would only be let out once his behaviour and mental health improved. 

Lawyers working on H.L.’s behalf applied for a legal review of the decision to hospitalise him. An appeal court found that H.L had been illegally detained because he was unable to consent to being treated in hospital, which the law required. That ruling was subsequently overturned following H.L.’s release.

For the final part of his stay in hospital, H.L. was formally detained as a mental health patient, which was allowed by law. 

H.L. was finally sent home to be reunited with Mr. and Mrs. E. in December 1997.