• The government promised in their manifesto to change outdated mental health laws to stop the inappropriate detention of people with a learning disability and autistic people. 
  • There are currently over 2,000 people with a learning disability and/or autism locked away inside mental health hospitals – for an average of over five years – most are detained under the Mental Health Act. 
  • On 19th January 2023, the Joint Committee of MPs and Peers who considered the Draft Mental Health Bill published a lengthy report scrutinising the draft Bill’s contents, with recommendations to government, to strengthen the legislation and stop this scandal. 
  •  One year on, the government have still failed to respond to the report’s findings, a further sign that they are not committed to Mental Health Act reform, after failing to bring forward the Mental Health Bill in the King’s speech.  
  • Mental Health Act reform is an essential part of addressing the inappropriate detention of people with a learning disability and autistic people.  

Dan Scorer, head of policy and public affairs at learning disability charity Mencap, responds to the government’s failure to acknowledge the joint committees report, one year after it was published:  

“The government’s radio silence speaks volumes about their lack of commitment to deliver on their manifesto commitment of reforming the Mental Health Act and how much they have forgotten people with a learning disability and / or autistic people trapped in mental health units.  

“The Joint Committee’s report contains some important recommendations for strengthening the bill and it’s unacceptable that the government has not responded.

“There has already been an outcry that the government didn’t announce the Bill in The Kings Speech and this is further proof this issue is not on their list of priorities.  

“Alongside building the right community support, reforming mental health law is a crucial part of tackling the inappropriate detention of people with a learning disability and autistic people in mental health hospitals.  

“It’s unacceptable that the average length of stay for current inpatients with a learning disability and/or autistic people is still over 5 years. The government should be acting with urgency to adequately fund the right community support, including the right social care and suitable housing, and change mental health legislation to bring an end to this scandal.” 

Further background: 

  • There are currently over 2,000 people with a learning disability and/or autism locked away inside mental health hospitals – for an average of over five years – Many are there simply because there isn’t the adequate care available in the community to support their needs. 

  • Vital mental health reforms were pledged in the Government's 2019 manifesto to update the Mental Health Bill and introduce essential changes to end the shocking and inappropriate detention of people with a learning disability and /or autistic people inside secure mental health hospitals. The government missed an opportunity to introduce mental health reforms in The Kings speech last year and have subsequently left thousands of people with a learning disability and / or autism and their loved ones in limbo.  

  • Progress by government, the NHS and local authorities to reduce the number of people with a learning disability and / or autistic people in inpatient mental health hospitals has been slow. The latest commitment is to reduce the number of people with a learning disability and autistic people in inpatient units by 50% by March 2024 – we estimate the government will miss this target by at least 4 years. 

 

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