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
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.
Government Response
Acknowledged
HM Government
Acknowledged
We welcome the Committee’s agreement with the government’s approach and recognise the concerns expressed. For a person with a learning disability or an autistic person in the criminal justice system, hospital may be a more appropriate environment to ensure that offenders and defendants are able to access the specialist support they need. Where admission to a mental health hospital is necessary to meet the person’s needs, their care must be person-centred and high quality. For those who are detained under Part 3, the Ministry of Justice and the Department of Health and Social Care are committed to working together to ensure the prison estate meets the needs of people with a learning disability and autistic people, and that knowledge of best practice is shared amongst staff. However, we also recognise the importance of avoiding inappropriate detentions for anyone with a learning disability and autistic people and expect local systems to continue to build on the work they have undertaken over the last decade to improve community crisis services and community forensic support for people with a learning disability and autistic people, alongside wider measures in the Bill itself and as we plan for implementation. Interface between the Mental Health Act and Mental Capacity Act Committee View 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 inquiry like this one, we are not in a position to conclude which of the possible alternative approaches to the interface between the Mental Health Act and Mental Capacity Act would best provide the necessary human rights protection. The Government should, however, carry out an urgent review of the interface between the Mental Health Act and Mental Capacity Act and take prompt action to provide the clarity that is currently lacking.