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We recognise the special importance of advocacy services for children, who may face particular difficulties...
Conclusion
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. (Conlcusion, Paragraph 100) 55
Government Response
Accepted
Government Response
Accepted
HM Government
Accepted
We agree that monitoring and oversight of the transfer process will be crucial to the successful implementation of the statutory time-limit. A Mental Health and Justice Strategic Advisory Group has recently been established which will bring together key partners across health and justice agencies to scrutinise data and intelligence on transfer timeliness and identify and deliver solutions to address the common causes of delays. The group will provide quarterly progress updates to Ministers in both the Ministry of Justice and Department of Health and Social Care on progress. We have committed to report annually on the implementation of the Bill post Royal Assent, until such a time that the Bill is fully implemented which will include providing updates on progress and data relating to transfer timeliness, when it is ready for publication. Committee View We can see that in narrow circumstances, where the need to ensure the safety of the public makes deprivation of liberty in the community the least restrictive option available, being able to impose conditions on the discharge of a restricted patient that amount to a deprivation of liberty may be beneficial and compatible with Article 5 ECHR. However, we agree with evidence we received that effective safeguards against abuse of the power to impose such conditions are crucial. The Bill should be amended to ensure that conditions depriving a restricted patient of their liberty are reviewed by the Mental Health Tribunal promptly and regularly In particular, the Secretary of State should refer the restricted patient’s case to the tribunal after 6 months (unless the case has already been considered) and every restricted patient subject to deprivation of liberty conditions should have their case reviewed every 12 months. A proposed amendment to achieve this is set out in the Appendix. The Government must also ensure that full and detailed guidance is issued on the use of conditions that amount to a deprivation of liberty.
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