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The detention of autistic people and people with learning disabilities under the MHA is a...

Conclusion
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 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. (Conclusion, Paragraph 63)
Government Response
Acknowledged
HM Government Acknowledged
The MHA already includes provisions regarding placing children on adult wards. It is clear that hospital managers must ensure that patients aged under 18 admitted to hospital for mental disorder are accommodated in an environment that is suitable for their age (subject to their needs). These circumstances require careful consideration and nuance. Further guidance, will be set out in the revised Code of Practice (subject to consultation), and this will include guidance on how to determine the circumstances in which it is in a young persons’ best interest to be treated in an adult ward. It is important that the legislation retains sufficient flexibility for individual circumstances, and emergency situations. Currently, it is a legislative requirement to notify the CQC if a child is placed on an adult ward for longer than 48 hours. As the Committee are aware, in the House of Lords, we amended the Bill to introduce a statutory commitment to review whether regulations should be extended to require notification to CQC in relation to other incidents where a child in hospital is being treated or assessed in relation to mental disorder, and whether the 48-hour time period remains appropriate. A report of findings will be published in Parliament within two years of the Bill being passed. Whilst we welcome the Committee’s view, we think it is important that we test options with a range of stakeholders. Committee View We recognise the special importance of advocacy services for children, who may face particular difficulties in understanding and enforcing their legal rights when separated from their families. Independent advocates represent an important method of ensuring the child’s right to be heard, guaranteed by Article 12 UNCRC, is respected. We welcome the introduction of an “opt–out” system in respect of independent advocacy but call on the Government to ensure that this system extends to children who are informal patients as well as those who are compulsory patients.
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.1 yr
Report published 19 May 2025