3
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Acknowledged
It is particularly troubling that the accounts we heard at the roundtable event in 2025 echoed those the JCHR heard in 2019. This emphasised to us that reform of the Mental Health Act is both pressing and overdue. (Conclusion, Paragraph 18) Detaining autistic people and people with learning disabilities under …
Read more
It is particularly troubling that the accounts we heard at the roundtable event in 2025 echoed those the JCHR heard in 2019. This emphasised to us that reform of the Mental Health Act is both pressing and overdue. (Conclusion, Paragraph 18) Detaining autistic people and people with learning disabilities under the Mental Health Act
Show less
Government response AI summary
The government acknowledges the committee's concern about the need for MHA reform by reiterating its commitment to report annually on the implementation of the Mental Health Bill, including future phases and community service development.
Read full response →
Ministry of Justice
6
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Acknowledged
While the evidence we have received supports the view that rushing implementation of the Bill could undermine efforts to improve the treatment of autistic people and people with learning disabilities, we also note that the implementation of other substantial changes in the law in this area have suffered from excessive …
Read more
While the evidence we have received supports the view that rushing implementation of the Bill could undermine efforts to improve the treatment of autistic people and people with learning disabilities, we also note that the implementation of other substantial changes in the law in this area have suffered from excessive delays. Most obviously, the Mental Capacity (Amendment) Act 2019, which provides for the replacement of DoLS with Liberty Protection Safeguards, has still not been brought into force. An uncertain target of implementation “where there are strong community services in place” provides little reassurance. Those affected have already waited a long time for this reform and the Bill must not be allowed to lie fallow. (Conclusion, Paragraph 59)
Show less
Government response AI summary
The government welcomes the committee's agreement and recognises concerns, discussing appropriate hospital environments for autistic people and those with learning disabilities in the criminal justice system, and the importance of community services, but does not specifically commit to addressing the delays in the Mental Capacity …
Read full response →
Ministry of Justice
19
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Acknowledged
One of the most significant factors that prompted the process of reform that has resulted in this Mental Health Bill was the disproportionate use of compulsory detention and treatment under the MHA on people from minority ethnic backgrounds, particularly black people. Unequal treatment on the basis of race, especially in …
Read more
One of the most significant factors that prompted the process of reform that has resulted in this Mental Health Bill was the disproportionate use of compulsory detention and treatment under the MHA on people from minority ethnic backgrounds, particularly black people. Unequal treatment on the basis of race, especially in respect of the coercive powers of the state, is, of course, a significant human rights issue. (Conclusion, Paragraph 122)
Show less
Government response AI summary
The government recognises the issue of inequalities under the MHA, stating the Equality Act 2010 provides the legal framework. They commit to emphasising compliance in the Code of Practice and via the NHS Patient Carer Race Equality Framework (PCREF).
Read full response →
Ministry of Justice