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While the recent Government amendment to the Bill, introducing a review of notification requirements in...
Conclusion
While the recent Government amendment to the Bill, introducing a review of notification requirements in respect of children on adult wards represents a welcome acknowledgement that the status quo may not be satisfactory, it does not guarantee the prompt protection for children’s rights that we have heard is needed. (Conclusion, Paragraph 93)
Government Response
Acknowledged
Government Response
Acknowledged
HM Government
Acknowledged
We are pleased that the Committee welcomes the culturally appropriate advocacy pilots which DHSC has funded. These pilots aim to improve provision of advocacy for ethnic minority groups who we know are not well served by the current advocacy provision. We are awaiting the evaluation of the pilots so that we can consider options going forward. Other issues Committee View The Human Rights Act provides legal protection against, and redress for, human rights violations in the UK. Recent case law has highlighted a gap in that human rights protection for mental health patients in state commissioned but privately provided care. The Mental Health Bill should be amended to ensure that the Human Rights Act, and the protection it provides, applies whenever people receive publicly funded mental health treatment or after–care, or are deprived of their liberty on mental health grounds. This protection should not depend on whether or not the provider itself is public or private. The Government should also consider carrying out a wider review of the scope of the terms “public authority” and “functions of a public nature” in section 6 HRA to address any other similar and unjustified human rights protection gaps that may exist.
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
1.1 yr
Report published
19 May 2025