Source · Select Committees · Human Rights (Joint Committee)
Recommendation 8
8
Not Addressed
The detention of autistic people and people with learning disabilities under the MHA is a...
Recommendation
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 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. (Conclusion, Paragraph 63)
Government response summary AI-generated
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 investment in community services for these groups.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Not Addressed
HM Government · verbatim extract
Not Addressed
While we cannot pre-empt future funding decisions that are subject to the ongoing Spending Review process, we recognise the importance of strong community services to support people with a learning disability and autistic people. The Bill introduces a package of measures to help improve community support for people with a learning disability and autistic people which includes putting Care (Education) and Treatment Reviews (C(E)TRs) and Dynamic Support Registers (DSRs) on a statutory footing and placing duties on Integrated Care Boards (ICBs) and local authorities when exercising existing commissioning duties. C(E)TRs make recommendations about the patient’s needs for social care, special educational provision where relevant, and medical treatment. Relevant bodies must have regard to these recommendations, which means they must be considered and given appropriate weight in decision making. DSRs enable commissioners to identify adults, children and young people with a learning disability, autism or both who have risk factors for detention. They must then have regard to information on the register when exercising relevant commissioning duties and seek to ensure the needs of these groups of people can be met without detaining them. For the 2025/2026 financial year, there is continued NHS funding within ICB financial allocations for people with a learning disability and autistic people. NHS England has said that ICBs should continue to invest in reducing reliance on inpatient care for people with a learning disability and autistic people in line with the 2025/26 NHS Operational Planning Guidance. Committee View 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.
Read the full response on Parliament ↗