In this Report, the Joint Committee on Human Rights considers: the draft Mental Capacity Act 2005 Code of Practice; draft guidance on Bournewood patients (people who lack capacity to consent to the arrangements made for their care, where those arrangements amount to a deprivation of liberty); and the Government’s approach to the Council of Europe Recommendation (2004/10) on the protection of the human rights and dignity of persons with mental disorder.This paper builds on two previous reports published by the Committee on the Mental Health Bill during its passage through Parliament in 2006-07 ( Legislative Scrutiny: Seventh Progress Report (HL 112 / HC 555) , ISBN 9780104010754; and Legislative Scrutiny: Mental Health Bill (HL 40 / HC 288) , ISBN 9780104010136).