3
It is particularly troubling that the accounts we heard at the roundtable event in 2025...
Conclusion
It is particularly troubling that the accounts we heard at the roundtable event in 2025 echoed those the JCHR heard in 2019. This emphasised to us that reform of the Mental Health Act is both pressing and overdue. (Conclusion, Paragraph 18) Detaining autistic people and people with learning disabilities under the Mental Health Act
Government Response
Acknowledged
Government Response
Acknowledged
HM Government
Acknowledged
We are pleased that the Committee welcomes our commitment to report annually on the implementation of the Bill post Royal Assent, until such a time that the Bill is fully implemented. This annual report will include details of the work done over the preceding 12 months to implement this legislation, and plans for how we will implement the next phases of the MHA going forward. Implementation plans will need to be carefully considered alongside future Spending Review decisions and wider related reforms. The Department will engage with expert stakeholders to inform implementation planning, including in respect of development of strong community services. Committee View 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 of the 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.
Source
Committee
Human Rights (Joint Committee)
Inquiry
Mental Health Bill
Report
3rd Report - Legislative Scrutiny: Mental Health Bill
19 May 2025
HC 601
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
1.1 yr
Report published
19 May 2025