Mental Health Act gains Royal Assent offering better protection to people with learning disabilities

The Mental Health Act has received Royal Assent and includes reforms to the inappropriate detention of people with learning disabilities and autistic people.

The latest statistics show that over 2,000 people with a learning disability and autistic people remain locked away. Nearly half (49%) of people with learning disabilities currently in hospital have been in hospital for five or more years. This is often due to a lack of suitable housing and proper community support.

Now, people with learning disabilities and autistic people without a co-occurring mental health issue can not be detained for more than 28 days. They will also be required to have a care and treatment plan created when detained, and carers will also have greater involvement in treatment decisions.

The Mental Health Act was first enacted in 1983 and amended in 2007. A new bill was proposed because attitudes towards mental health have changed significantly, and understanding has expanded, but the law has been neglected.

The changes will be enacted over a period of up to ten years, with an annual written ministerial statement detailing progress over the preceding 12 months and plans for implementation.

Bringing mental health care into the 21st Century

Health and Social Care Secretary Wes Streeting said: “For too long, thousands of vulnerable people in mental health crises have been failed by outdated laws that stripped away their dignity and voice.

“The new Mental Health Act will transform lives by putting patients back in control of their care, tackling the unacceptable disparities that have seen black people detained at disproportionately high rates, and giving NHS staff the tools to deliver care that truly helps people recover.

“This delivers on our manifesto commitment to finally bring mental health care into the 21st century. After years of neglect, we are rebuilding a mental health system to treat people with the dignity and respect they deserve.”

The Mental Health Act implements reforms proposed by Sir Simon Wessely in his landmark 2018 Independent Review of the Mental Health Act. Sir Simon is a Chair of Psychological Medicine at King’s College London and a world-leading figure in the field.

Sir Simon’s report flagged four key principles that needed reform in the Mental Health Act, including giving patients more choice over their care and ensuring the Act’s powers are used in the least restrictive way possible.

The government is now developing detailed guidance on the new Act before it comes into force.

Responses to Royal Assent of the Mental Health Bill,

Jacqui Shurlock, CEO at The Challenging Behaviour Foundation, said: “During the Report Stage in the House of Commons, Stephen Kinnock (Minister for Social Care) committed on behalf of the Government to engage with people with lived experience, families, and other stakeholders to develop a roadmap for community support.

“For it to succeed, this roadmap must be developed through a process of meaningful and genuine coproduction – building on what is known about what is needed, what needs to change, and how this can be done. People with lived experience and families have expertise and knowledge of what good community support is and how it can be developed – listening to and learning from them is essential if the support that will enable this long-awaited change in the law is to be put in place.”

Jon Sparkes OBE, Chief Executive of Mencap, said: “This is a landmark moment and a vital step towards ending the inappropriate detention of people with a learning disability and autistic people in mental health hospitals.

“Through these new reforms the Government has promised to end that injustice. After years of campaigning to change outdated and harmful sections of the Mental Health Act, this legislation is a milestone, but real change will only come when robust community support is in place. We’re encouraged the Government has committed to co-producing a roadmap to make this happen.”

Dr Adrian James, Medical Director for Mental Health and Neurodiversity at NHS England, said: “The new Mental Health Act is a major step towards ensuring that people in mental health crises get care that is safe, effective and centred on their needs.

“It will give every detained patient a real say in their treatment and a timely care plan, with any period of detention focused on therapeutic benefit and kept as short as possible.”

Alison Bloomer

Alison Bloomer is Editor of Learning Disability Today.

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