3rd Report - Legislative Scrutiny: Mental Health Bill

The government accepts the recommendation in part, committing to monitor and publish data on the number of detentions of people with a learning disability and autistic people under the Mental Capacity Act, as part of their standard publications.

The government rejects introducing a new statutory test for assessing competence in under-16s due to potential confusion, but commits to consulting on updating existing guidance in the MHA Code of Practice to improve the practical application of Gillick competence.

The government acknowledges the need to tackle racial inequalities under the MHA, asserting the Equality Act and NHS PCREF provide the framework, and commits to consulting on updating the Code of Practice to include guidance on considering race, culture, and disability.

The government agrees to remedy the issue and has tabled an amendment to the Mental Health Bill to ensure the Human Rights Act applies to publicly funded inpatient care and Section 117 after-care provided by private providers. They acknowledge ongoing questions about the wider scope of 'public authority' but do not commit to a broader review.

The government rejects the specific recommendation for restricted patient cases to be referred to the Mental Health Tribunal after 6 months and reviewed every 12 months, but fully accepts and details plans to issue full and detailed guidance on deprivation of liberty conditions.