Mental Health Bill commits to reduce reliance on inpatient care for people with learning disabilities

The Mental Health Bill took a step closer to becoming law after passing its third reading in the House of Commons this week. It includes a commitment to reduce reliance on inpatient care and limit the scope for detention for people with learning disabilities and autistic people.

It also includes a plan to increase the scrutiny and oversight of compulsory detention, along with the introduction of statutory care and treatment plans for all patients, ensuring that those detained have a clear path to recovery and discharge.

Health Minister, Stephen Kinnock, said the government would be introducing a package of measures to improve community support, including statutory care, education and treatment reviews and dynamic support registers.

It also introduces stronger safeguards for people who lack the capacity or competence to consent to treatment, ensuring these patients receive a second opinion from an appointed doctor at an earlier stage in their treatment.

Why is the Mental Health Act being updated?

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.

Kinnock stated that the government aims to prioritise patient choice and needs in decision-making. To achieve this, they are implementing reforms that will establish measures in law, such as the clinical checklist, the use of advance choice documents, the role of nominated persons, and the expansion of advocacy services.

He added that once the Bill receives Royal Assent, the priority will be to draft and consult on the code of practice. The government will engage closely with people with lived experience and their families and carers, as well as commissioners, providers, and clinicians.

Mental health hospitals and learning disabilities

With over 2,000 autistic people and people with learning disabilities currently detained in mental health hospitals, the plan to focus on community support was welcomed by learning disability and autism organisations.

This follows concerns raised in a recent Joint Committee on Human Rights (JCHR) that new proposals in the Mental Health Bill do not go far enough to prevent autistic people or people with learning disabilities from being detained for these conditions alone.

Following legislative scrutiny of the Bill, the Committee said that unjustified detention could still occur due to an absence of adequate community support.

However, an amendment to the Bill from MP Jen Craft sought assurances that certain parts of the new reforms would only be “switched on” when services are available in the community, as they would be irrelevant without a delivery plan.

Mel Merritt, Head of Policy and Campaigns at the National Autistic Society, said: “This is the result of campaigning by autistic people and those with learning disabilities and their supporters, and Jen Craft MP’s intervention on the Mental Health Bill.

“The Government must act quickly because thousands of people could be better cared for in the community, but are instead locked away and subject to seclusion, restraint, and overmedication. This human rights scandal must end.”

Jon Sparkes OBE, Chief Executive of Mencap, added: “It’s reassuring to see the Government have recognised Jen Craft MP’s important amendment and the need for a clear plan to switch on the key changes in the Mental Health Bill which will help stop the inappropriate detention of people with a learning disability and autistic people.

“We welcome the Government’s commitment to work with people with lived experience to shape this roadmap for change. Given the urgency of this human rights scandal, we now need clarity on how they will do this and when it will start, in order to bring an end to the ongoing nightmare for people with learning disability and autistic people who are trapped in units right now and their families.”

Alison Bloomer

Alison Bloomer is Editor of Learning Disability Today.

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