Source · Select Committees · Human Rights (Joint Committee)
Recommendation 6
6
Acknowledged
While the evidence we have received supports the view that rushing implementation of the Bill...
Conclusion
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)
Government response summary AI-generated
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 (Amendment) Act 2019 or provide a clearer timeline for the Bill's implementation.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Acknowledged
HM Government · verbatim extract
Acknowledged
We are pleased that the Committee welcomes our commitment to report annually on the implementation of the Bill post Royal Assent, until such a time that the Bill is fully implemented. This annual report will include details of the work done over the preceding 12 months to implement this legislation, and plans for how we will implement the next phases of the MHA going forward. Implementation plans will need to be carefully considered alongside future Spending Review decisions and wider related reforms. The Department will engage with expert stakeholders to inform implementation planning, including in respect of development of strong community services. Committee View 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 the Bill’s change in the threshold for detention, which should make detention less likely for everyone, including those who are autistic or have learning disabilities. We also share in the general welcome given in the evidence we received to clause 3 of the Bill, which would prevent autistic people and people with learning disabilities from being detained under section 3 of the MHA on the basis of their autism or learning disabilities. However, this change will be of limited benefit unless the Government also commits to invest in community services for autistic people and those with learning disabilities– both in respect of care and housing.
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