We accept this recommendation in full. We agree that there must be credible alternatives so that people live independent, free, and fulfilled lives in their community, and there must not be any financial incentives or disincentives which prevent this from happening. We are taking action to ensure people receive the right support in the community through our proposed reforms to the Mental Health Act. We set out these reforms in our draft 8 The treatment of autistic people and people with learning disabilities: Government Response Mental Health Bill, published 27 June 2022. These reforms will support government’s objective to improve outcomes for people with a learning disability and autistic people through improving the way they are treated in law. As outlined in our draft Mental Health Bill, we are proposing to introduce new duties on Integrated Care Boards and local authority commissioners to ensure an adequate supply of local, community support for people with a learning disability and autistic people who are at risk of admission under the Mental Health Act, with the express purpose of avoiding detention under the Act. This will help ensure people receive the right care and support which is based on their needs and close to friends and family, enabling them to live full lives in the community. It will prevent people reaching crisis because of a lack of robust, appropriate support in the community. In order to ensure these new duties are effective, we are proposing that all Integrated Care Boards must have dynamic support registers. These registers will help local areas to understand the support needs of people with a learning disability and autistic people living in the community who are at risk of admission, so that care can be planned and/or provided as appropriate. This will help to ensure that the community support provided is the right support and avoid gaps in provision. We are also proposing to limit the scope to detain people with a learning disability or autistic people for treatment under section 3 of the Mental Health Act unless they have a clear mental health need. This means that a person with a learning disability or an autistic person will only be able to be detained for treatment under section 3 of the Act if they have a co-occurring mental health condition that requires treatment in hospital. Following the publication of our draft Mental Health Bill on 27 June, Parliament will undertake pre-legislative scrutiny (PLS). PLS will provide an opportunity for Parliament to engage directly with stakeholders, including patients and carers, through written and oral evidence submissions. Such engagement will help ensure that the legislation achieves its intent of delivering a Mental Health Act that better respects the individual needs, choices, and preferences of patients. The Government would then seek to introduce the Bill formally when Parliamentary time allows. Chapter 3 of the Building the Right Support action plan emphasises the fundamental importance of high quality community support and sets out the wide range of actions we are taking to ensure adequate provision. This includes work to improve our understanding of ‘What Good Looks Like’, a project being led by the Local Government Association, the Association of Directors of Adult Social Services, and the Building the Right Support Advisory Group which is made up of people with personal experience. This project seeks to identify the conditions which enable good practice for people with a learning disability and autistic people, their families, and carers, as well as any barriers to people accessing high quality community support. The final report on this work is expected in September 2022 and will be disseminated within the health and care system to improve services. In addition, we recognise that housing provision is a critical element of ensuring people receive the right support in the community so that they can be discharged from inpatient services in a safe and timely manner. Assuring Transformation data shows that in May 2022, 46% of people whose care plan detailed a ‘delayed transfer of care’ had a lack The treatment of autistic people and people with learning disabilities: Government Response 9 of suitable housing provision as a reason for their delayed discharge. Chapter 3 of the Building the Right Support action plan sets out the actions we are taking to address this, which include: • investing at least £300 million over the next 3 years, as part of adult social care reform, to embed the strategic commitment in all local areas to connect housing to health and care services and boost the supply of supported housing • investing £15 million in 2022 to 2023 with a further annual commitment of NHS capital funding for community accommodation, to be prioritised according to need, made up to financial year 2024 to 2025