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.
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
1.3 yr
Report published
19 May 2025