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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
Acknowledged
HM Government Acknowledged
While we cannot pre-empt future funding decisions that are subject to the ongoing Spending Review process, we recognise the importance of strong community services to support people with a learning disability and autistic people. The Bill introduces a package of measures to help improve community support for people with a learning disability and autistic people which includes putting Care (Education) and Treatment Reviews (C(E)TRs) and Dynamic Support Registers (DSRs) on a statutory footing and placing duties on Integrated Care Boards (ICBs) and local authorities when exercising existing commissioning duties. C(E)TRs make recommendations about the patient’s needs for social care, special educational provision where relevant, and medical treatment. Relevant bodies must have regard to these recommendations, which means they must be considered and given appropriate weight in decision making. DSRs enable commissioners to identify adults, children and young people with a learning disability, autism or both who have risk factors for detention. They must then have regard to information on the register when exercising relevant commissioning duties and seek to ensure the needs of these groups of people can be met without detaining them. For the 2025/2026 financial year, there is continued NHS funding within ICB financial allocations for people with a learning disability and autistic people. NHS England has said that ICBs should continue to invest in reducing reliance on inpatient care for people with a learning disability and autistic people in line with the 2025/26 NHS Operational Planning Guidance. Committee View To help ensure that mental health needs are properly identified before they reach crisis point, we recommend that the Government considers introducing an English equivalent to the right to a mental health assessment that appears in the Mental Health (Wales) Measure 2010.
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.1 yr
Report published 19 May 2025