Recommendations & Conclusions
12 items
4
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
There is an inherent lack of justification for detaining a person for treatment based only on their learning disability or autism, giving rise to clear concerns over compatibility with Article 5 ECHR. We welcome the Bill’s attempts to remove autistic people and people with learning disabilities from the scope of …
Government response. The government's response, which discusses existing measures to improve community support and funding, does not directly address the committee's conclusion regarding the justification for detaining people solely based on learning disability or autism.
Ministry of Justice
5
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
We are pleased to see that the Government has committed to monitoring the number of autistic people and people with learning disabilities who are detained under the Mental Capacity Act. The Government should report these numbers to Parliament within a year of the relevant clauses 53 of the Bill coming …
Government response. The government's response discusses the merits of a statutory right to community support and existing healthcare rights, but does not address the recommendation to report numbers on autistic people and people with learning disabilities detained under the Mental Capacity Act.
Ministry of Justice
7
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
We therefore welcome the Government’s commitment to provide a Written Ministerial Statement to both Houses of Parliament on an annual basis, updating on progress on implementation. (Conclusion, Paragraph 60)
Government response. The government's response discusses guidance for the Mental Health Act and Mental Capacity Act interface and a separate 'Children Committee View,' but does not address the committee's conclusion welcoming the government's commitment to provide an annual Written Ministerial Statement.
Ministry of Justice
8
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
The detention of autistic people and people with learning disabilities under the MHA is a significant human rights concern. Detention in the absence of individualised, therapeutic treatment risks violating the Article 5 ECHR right to liberty and may even result in degrading treatment contrary to Article 3 ECHR. We welcome …
Government response. The government's response addresses existing provisions and future guidance regarding placing children on adult wards and CQC notification requirements, failing to engage with the recommendation about the detention of autistic people and people with learning disabilities or the call for …
Ministry of Justice
9
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
To help ensure that mental health needs are properly identified before they reach crisis point, we recommend that the Government considers introducing an English equivalent to the right to a mental health assessment that appears in the Mental Health (Wales) Measure 2010. (Recommendation, Paragraph 64)
Government response. The government's response details the extension of independent mental health advocacy rights to informal patients, including children, and mentions cost implications for an opt-out model, but it does not address the recommendation for an English equivalent to the Welsh right …
Ministry of Justice
10
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
We recognise the risk that permitting detention on the basis of autism or learning disabilities under Part 3 of the MHA whilst prohibiting it under Part 2 amounts to a difference in treatment falling under the prohibition on discrimination in Article 14 ECHR. Nevertheless, we share the views expressed to …
Government response. The government's response focuses on reasons for not introducing a statutory test for competence for under-16s and commitments to consult on updating guidance in the Code of Practice, entirely failing to address the recommendation for greater community support to divert …
Ministry of Justice
11
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
It is disappointing that the Mental Health Bill has not taken the opportunity to provide greater clarity to the interface between the Mental Health Act and the Mental Capacity Act and to make clear when detention and treatment under one or the other should be authorised. In a legislative scrutiny …
Government response. The government's response focuses on tackling racial inequalities under the MHA, including emphasizing compliance with the Equality Act 2010 in the Code of Practice, and explaining the PCREF, without addressing the committee's concern about the lack of clarity on the …
Ministry of Justice
12
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
The Government should, however, carry out an urgent review of the interface between the MHA and MCA and take prompt action to provide the clarity that is currently lacking. (Recommendation, Paragraph 78) Children
Government response. The government's response discusses monitoring and reviewing Community Treatment Orders and the evaluation of culturally appropriate advocacy pilot schemes, but does not address the recommendation to carry out an urgent review of the interface between the Mental Health Act and …
Ministry of Justice
13
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
While the recent Government amendment to the Bill, introducing a review of notification requirements in respect of children on adult wards represents a welcome acknowledgement that the status quo may not be satisfactory, it does not guarantee the prompt protection for children’s rights that we have heard is needed. (Conclusion, …
Government response. The government's response discusses culturally appropriate advocacy pilots and a separate 'Committee View' regarding the Human Rights Act, but does not address the committee's specific conclusion about the adequacy of the Bill's amendment regarding notification requirements for children on adult …
Ministry of Justice
14
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
We agree with submissions made to us that the Mental Health Bill could and should do more to protect against children being placed on adult wards. The Bill should be amended to include a requirement that a child should not be placed on an adult ward unless that placement is …
Government response. The government's response discusses an amendment related to the application of the Human Rights Act to private providers, without addressing the specific recommendation to amend the Bill to prevent children from being placed on adult wards unless demonstrably in their …
Ministry of Justice
15
Conclusion
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
We recognise the special importance of advocacy services for children, who may face particular difficulties in understanding and enforcing their legal rights when separated from their families. Independent advocates represent an important method of ensuring the child’s right to be heard, guaranteed by Article 12 UNCRC, is respected. (Conlcusion, Paragraph …
Government response. The government's response discusses the monitoring and oversight of the transfer process and conditions for restricted patients under the Mental Health Bill, completely failing to address the committee's conclusion about advocacy services for children.
Ministry of Justice
16
Recommendation
3rd Report - Legislative Scrutiny: Ment…
Not Addressed
We welcome the introduction of an “opt–out” system in respect of independent advocacy but call on the Government to ensure that this system extends to children who are informal patients as well as those who are compulsory patients. (Recommendation, Paragraph 100)
Government response. The government states it is not accepting 'the recommendation' but provides reasons related to the appropriate frequency of Mental Health Tribunal access and safeguards for restricted patients, failing to address the committee's call to extend the opt-out independent advocacy system …
Ministry of Justice