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

Recommendation
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

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