Compulsory removal of competent adults from their homes

The National Assistance Act 1948 was enacted in order to provide the legal framework for the care and support of society's ill and socially deprived. In certain limited circumstances, Section 47 of this Act permits the compulsory admission of competent adults to hospital or to other types of residential care. The fine balance between protection from harm and respect for personal freedom is not served well by this Act which has its origins in Poor Law legislation. It is no longer in accordance with current practice and therefore needs to be reviewed. This could be achieved by setting up regulatory systems to protect the rights of individuals considered to be in need of compulsory admission. However, it seems likely that the only way to protect the individual's civil liberties effectively is by changing the existing law.