Source · Select Committees · Women and Equalities Committee

1st Report - Unequal impact? Coronavirus, disability and access to services: interim Report on temporary provisions in the Coronavirus Act

Women and Equalities Committee HC 386 Published 25 September 2020

Report Status

Government responded

Conclusions & Recommendations

13 items (8 recs)

Source

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Government Response

AI assessment · 12 of 13 classified

Accepted 2

Accepted in Part 1

Acknowledged 3

Deferred 1

Not Addressed 2

Rejected 3

Government response

2nd Special Report - Unequal impact? Coronavirus, disability and access to services: interim Report on temporary provisions in the Coronavirus Act: Government Response to the Committee’s First Report · published 25 Jan 2021

Read the government response ↗ Response on the Index

Recommendations & Conclusions

2 items

2 Conclusion Accepted

Para 25

Care Act easements are available as a last resort for local authorities, to help them...

Conclusion

Care Act easements are available as a last resort for local authorities, to help them prioritise care and support for people with higher levels of need, should resources become overstretched to a dangerous degree, potentially threatening life. We were concerned … Read more

Government Response Summary

The government reiterates that Care Act easements should only be used when necessary, noting only eight local authorities have used them and none are currently operating under them. Engagement by Chief Social Workers found local authorities followed guidance, and the easements were used appropriately.

Government Equalities Office

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8 Recommendation Accepted

The Coronavirus Act’s emergency changes to the Mental Health Act 1983 were intended for use...

Recommendation

The Coronavirus Act’s emergency changes to the Mental Health Act 1983 were intended for use as a last resort should mental health staff resources be depleted by the pandemic to the extent that people needing assessment or detention in hospital … Read more The Coronavirus Act’s emergency changes to the Mental Health Act 1983 were intended for use as a last resort should mental health staff resources be depleted by the pandemic to the extent that people needing assessment or detention in hospital become a risk to themselves or others. These provisions have not come into force in England because, through the peak of the pandemic earlier this year and to date, existing processes have proved sufficiently robust and adaptable to make them unnecessary. In these circumstances, Ministers have the power to suspend the measures and, if absolutely necessary, reinstate them at a later date. While we acknowledge that the current precarious stage of the pandemic means that the future is uncertain, evidence suggests the measures are unlikely to be needed. Furthermore, relaxing requirements for authorising people’s detention in hospital and extending or suspending time limits for detention goes directly against the grain of much- needed Mental Health Act reform. This is intended to address inequalities in the existing system, as set out in the final report of the Independent Review of the Mental Unequal impact? Coronavirus, disability and access to services: interim Report on temporary provisions in the Coronavirus Act 25 Health Act 1983 in December 2018. This adds impetus to the call for the emergency powers to be curtailed as soon as possible. They should not be left available “just in case”. We recommend the Government should, as a minimum, if not repeal the provisions, use its power to suspend the Mental Health Act provisions in England by Regulations and only reinstate them should mental health service providers call for their reintroduction. This would send an important signal of the Government’s support for a more just and equitable system, while leaving open the possibility of reinstating emergency measures should they be needed. Should the progress of the pandemic remain stable or improve, we recommend repeal of the measures Show less

Government Response Summary

The government accepted the recommendation, stating that the Mental Health Act provisions were removed from the Coronavirus Act 2020 on 30 September 2020 and officially repealed in legislation on 8 December 2020.

Government Equalities Office

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