4

There is an inherent lack of justification for detaining a person for treatment based only...

Conclusion
There is an inherent lack of justification for detaining a person for treatment based only on their learning disability or autism, giving rise to clear concerns over compatibility with Article 5 ECHR. We welcome the Bill’s attempts to remove autistic people and people with learning disabilities from the scope of detention for treatment under the Mental Health Act. We recognise that the change in the law would leave open a possibility of these groups being detained on other grounds. (Conclusion, Paragraph 50)
Government Response

A response document is linked to this report, dated 11 July 2025. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.3 yr
Report published 19 May 2025