8
Accepted in Part
In pursuing that policy, we recommend that by the end of 2021 the Department and...
Recommendation
In pursuing that policy, we recommend that by the end of 2021 the Department and NHS England & Improvement: i) introduce weekly formal reviews of the suitability of admission for all autistic people and people with learning disabilities who have been kept in inpatient facilities for three months or more; and such reviews should be used to determine whether it is in individuals’ interest to remain in such facilities. Furthermore, with the agreement of individuals’ families, these reviews could take-place on a monthly-basis; ii) ensure that those reviews are conducted by experienced clinicians who have no financial or personal connection including with working the inpatient facility concerned so as to guarantee their independence; iii) where the reason for a long-term admission (greater than three months) is due to a lack of appropriate community support and provision, the NHS should be required to find and set up community provision within eight weeks using the funding from the inpatient facility. The Mental Health Act 1983 should be amended to include automatic compensation for the breach of human rights involved for individuals for whom this is not delivered; and iv) proceed with removing the definition of autism as a disorder in the forthcoming reforms to mental health legislation in line with the commitments provided by the previous Secretary of State. (Para 56) 40 The treatment of autistic people and people with learning disabilities
Government Response Summary
The government accepts some parts of the recommendation, agreeing to regular checks (while noting existing reviews), that people should not be in hospital due to lack of community provision, and to remove the definition of autism as a mental health illness in forthcoming legislation.
Government Response
Accepted in Part
Government Response
Accepted in Part
HM Government
Accepted in Part
We agree that staff in inpatient settings must receive appropriate training which enables them to provide high-quality, person-centred care and that this should include the principles set out by the Committee in parts (i-iii) of this recommendation. We do not accept (iv) in full, and so accept this overall recommendation in part. We are clear that having the right workforce with the right skills and training to support people with a learning disability and autistic people is crucial in ensuring a person receives the best quality care and support. We set the actions we are taking to ensure this is the case below, and in further detail in Chapter 1 of the Building the Right Support action plan. In relation to part (i) and part (ii) of this recommendation, as the Committee noted in their report, we are taking action to support health and social care staff to have a better understanding of learning disability and autism through the Oliver McGowan Mandatory Training. Following an investment of £1.4m to develop and trial this training with over 8000 people in 2021, the National Development Team for Inclusion published an independent evaluation of the trials in June 2022 which will inform next steps. By trialing the training and involving people with personal experience in its delivery we have ensured the training is meaningful, sustainable, and not just a tick box exercise. The Health and Care Act 2022 introduces a new requirement for CQC registered providers from 1st July to ensure their health and social care staff carrying out regulated activities receive specific training on learning disability and autism appropriate to their role. It also creates a duty for the Secretary of State to publish a Code of Practice, which will 20 The treatment of autistic people and people with learning disabilities: Government Response make provisions about the nature of the training, including the content, delivery, and the ongoing evaluation of the training. We will undertake a consultation on the Code of Practice and say more about timings on this in due course. In addition, we provided £1.5 million of funding in 2021 to 2022 to develop training for staff working in adult inpatient mental health settings in line with tier 3 of the Core Capabilities Framework for supporting autistic people. In 2022 to 2023, NHSEI are investing £1.5 million of funding into the development and trialling of autism training for staff working in adult inpatient mental health settings. Our proposed reforms to the Mental Health Act will further support part (i) and part (ii) of this recommendation. We are proposing to reinforce the position that learning disability and autism are not conditions which can be ‘removed’ through treatment. As set out in response to previous recommendations, our reforms propose that people with a learning disability and autistic people (who have not been admitted through the criminal justice system) will only be able to be detained for treatment under Section 3 of the Mental Health Act if they have a mental health condition and their admission has a clear, therapeutic benefit. In addition, we will place recommendations from Care, (Education) and Treatment Reviews (C(E)TRs) on a statutory footing, for certain detained patients, meaning that they must be taken into account as part of someone’s Care and Treatment Plan. The patient and their family are central to the Care and Treatment Review process. In relation to part (iii) of this recommendation, we agree that the health and social care workforce should have appropriate training to support good quality care and reduce the use of restrictive practices and have taken forward work to ensure this. We have worked with partners to develop training standards and certification to minimise the use of restrictive practices. Services across health and social care are expected to only use training in restrictive practices that is delivered by an organisation with UKAS (United Kingdom Accreditation Service) accreditation and therefore compliant with the Restraint Reduction Network (RRN) training Standards. The NHS Standard Contract requires all providers of mental health and learning disability services to ensure all relevant staff have received training in restrictive practices that is delivered by an organisation with UKAS accreditation. The Use of Force Act statutory guidance also sets out the requirements for staff training in the use of force. In addition, the HOPE(S) model will be delivered through NHS-led provider collaboratives to embed good practice across inpatient services with the aim of reducing overall reliance on restrictive practices. The model, developed by Mersey Care NHS Foundation Trust, is a national training model which follows a human-rights based framework and provides person-centred and trauma-informed approaches to working with people in long term segregation. Recruitment is underway for HOPE(S) specialist practitioners as part of this work. In relation to par
Source
Committee
Health and Social Care Committee
Report
Fifth Report - The treatment of autistic people and people with learning disabilities
13 Jul 2021
HC 21
Addressee Bodies
Department of Health and Social Care
Timeline
Recommendation age
5.0 yrs
Report published
13 Jul 2021