Recommendations & Conclusions
5 items
2
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Accepted in Part
We urge the Government to support the retention of this amendment as the Bill progresses through the House of Commons. (Recommendation, Paragraph 14)
Government response. The government accepts the recommendation in part, committing to monitor and publish data on the number of detentions of people with a learning disability and autistic people under the Mental Capacity Act, as part of their standard publications.
Ministry of Justice
17
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Accepted in Part
We agree with witnesses that children under 16 may be denied the opportunity to benefit from the rights provided by the Bill if their ability to make decisions for themselves is not properly assessed. Clarity in such assessments is therefore important. (Conclusion, Paragraph 106)
Government response. The government rejects introducing a new statutory test for assessing competence in under-16s due to potential confusion, but commits to consulting on updating existing guidance in the MHA Code of Practice to improve the practical application of Gillick competence.
Ministry of Justice
20
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Accepted in Part
We recognise that some of the changes proposed in the Bill could help to reduce racial inequity in the application of the Mental Health Act. We also recognise that the causes of differences of treatment and particularly outcomes between people of different races can be varied and complex, and that …
Government response. The government acknowledges the need to tackle racial inequalities under the MHA, asserting the Equality Act and NHS PCREF provide the framework, and commits to consulting on updating the Code of Practice to include guidance on considering race, culture, and …
Ministry of Justice
25
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Accepted in Part
The Mental Health Bill should be amended to ensure that the Human Rights Act, and the protection it provides, applies whenever people receive publicly funded mental health treatment or after–care, or are deprived of their liberty on mental health grounds. This protection should not depend on whether or not the …
Government response. The government agrees to remedy the issue and has tabled an amendment to the Mental Health Bill to ensure the Human Rights Act applies to publicly funded inpatient care and Section 117 after-care provided by private providers. They acknowledge ongoing …
Ministry of Justice
29
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Accepted in Part
The Bill should be amended to ensure that conditions depriving a restricted patient of their liberty are reviewed by the Mental Health Tribunal promptly and regularly In particular, the Secretary of State should refer the restricted patient’s case to the tribunal after 6 months (unless the case has already been …
Government response. The government rejects the specific recommendation for restricted patient cases to be referred to the Mental Health Tribunal after 6 months and reviewed every 12 months, but fully accepts and details plans to issue full and detailed guidance on deprivation …
Ministry of Justice