In a joint response to the "No voice unheard, no right ignored" paper Mencap and the Challenging Behaviour Foundation raised concerns that these changes could take years and offered little immediate help to families whose loved ones are still stuck in assessment and treatment units.

Jan Tregelles, chief executive of Mencap, and Viv Cooper, Chief Executive at the Challenging Behaviour Foundation, said:

We welcome the government’s recognition that a serious imbalance of power exists within the system, leading to the voices of individuals and their families often being ignored, with devastating consequences. We welcome the government’s commitment to address serious legal issues, such as whether autism and learning disability should constitute grounds for section, when neither are a mental illness. It is also welcome that the consultation seeks to clarify and strengthen the legal rights of people with a learning disability to challenge admissions and be supported to live independently in their local community.

However, whilst this consultation is important, where changes in the law are needed to deliver new rights, this could take years and is not guaranteed. 

And we must remember that on their own, laws are only part of the solution, of making change happen. To ensure that the thousands of people with a learning disability and behaviour that challenges who remain trapped in the system of out-dated institutional care like Winterbourne View can return to their communities we must see – alongside the green paper – the development of local support and services and delivery of the closure programme promised by Simon Stevens when he gave evidence to the Public Accounts Select Committee.

-ENDS-

For further information or to arrange interviews, please contact the Mencap press office on 020 7696 5414 or media@mencap.org.uk.

Notes to editors

About Mencap

There are 1.4 million people with a learning disability in the UK. Mencap works to support people with a learning disability, their families and carers by fighting to change laws, improve services and access to education, employment and leisure facilities. Mencap supports thousands of people with a learning disability to live their lives the way they want.

Visit www.mencap.org.uk.

For advice and information about learning disability and Mencap services in your area, contact Mencap Direct on 0808 808 1111 (9am-5pm, Monday-Friday) or email help@mencap.org.uk

What is a learning disability?

A learning disability is a reduced intellectual ability which can cause problems with everyday tasks – for example shopping and cooking, or travelling to new places – which affects someone for their whole life.

People with a learning disability can take longer to learn new things and may need support to develop new skills, understand difficult information and engage with other people. The level of support someone needs is different with every individual. For example, someone with a severe learning disability might need much more support with daily tasks than someone with a mild learning disability.

Learning disability is not a mental illness or a learning difficulty. Very often the term ‘learning difficulty’ is wrongly used interchangeably with ‘learning disability’.