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We urge the Government to support the retention of this amendment as the Bill progresses...

Recommendation
We urge the Government to support the retention of this amendment as the Bill progresses through the House of Commons. (Recommendation, Paragraph 14)
Government Response
Accepted in Part
HM Government Accepted in Part
The Department has been clear that we do not want to see people detained in hospital through alternative legislative routes, where this is not appropriate. We therefore do accept this recommendation in part. Through the national Assuring Transformation dataset, NHS England currently collect data on the number of people with a learning disability and autistic people in inpatient settings under different legal frameworks. As the Committee has noted, the Government has committed that ahead of the changes to Part 2, Section 3 we will monitor and publish data on the number of detentions of people with a learning disability and autistic people under the Mental Capacity Act and will include a line on this in our standard publications. As part of standard practice to avoid risk of disclosure of personal information, any figures below five would be suppressed in publications (represented with an asterisk). Should detentions rise to five or more in future, we will publish the number rounded to nearest five. If there is evidence of inappropriate use of the Mental Capacity Act, action will be taken. This must be tailored to and informed by the data and intelligence from local areas. Committee View 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 Deprivation of Liberty Safeguards (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. We therefore welcome the Government’s commitment to provide a Written Ministerial Statement to both Houses of Parliament on an annual basis, updating on progress on implementation.
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.1 yr
Report published 19 May 2025