Rt Hon. Rishi Sunak MP  
Prime Minister  
10 Downing Street  
London SW1A 2AA 

 

26th October 2023 

Dear Prime Minister 

We call on you to introduce the Mental Health Bill and make it law as a matter of urgency, in line with the government's promise to reform the outdated Mental Health Act. 

More than 2,000 autistic people and people with a learning disability are currently detained in inpatient mental health hospitals, where the average length of stay is more than 5 years. 

Patients are subjected to physical restraint, seclusion and segregation and the use of anti-psychotic medication – practices that are deeply harmful and can create lifelong trauma. 

The government needs to bring in the Mental Health Bill and make it law, so that: 

  • Autistic people and people with learning disabilities cannot be detained in a mental health hospital under Section 3 of the Mental Health Act solely on the basis of having a learning disability or autism (without a co-occurring mental health condition). 

  • There is a strong duty to provide enough community services to autistic people and people with a learning disability to prevent them from reaching crisis point, and ensure those in hospital can be discharged in a timely way.  

  • Recommendations from Care, Education and Treatment Reviews actions are made enforceable, so people can be discharged from hospitals sooner.  

We cannot continue with the current position, with outdated mental health law allowing and facilitating the ongoing detention and institutionalisation of disabled people who do not have a mental health condition. 

The government’s welcome proposals in the draft Bill need to be strengthened in response to the Joint Committee’s recommendations and the Bill introduced and made law urgently. 

This change is also vital to ensure the government fulfils its 2019 manifesto commitment to “make it easier for people with learning disabilities and autism to be discharged from hospital and improve how they are treated in law.” 

Reforming the Mental Health Act is central to the Building the Right Support Action Plan, the government’s plan to stop the inappropriate detention of people with a learning disability and autistic people in mental health hospitals and ensure they get the right support in the community. 

Enacting the promised changes to the Mental Health Act is essential to achieve – and go beyond – the planned 50% reduction in inpatient numbers of autistic people and people with a learning disability that is set out in the NHS Long Term Plan and re-committed to in the Building the Right Support Action Plan. 

Recent research by Mencap showed that at the current pace of change the March 2024 commitment to reduce inpatient numbers by 50% will not be achieved until November 2028 at the earliest. 

Analysis by the National Autistic Society shows that instead of going down, the number of autistic people in these hospitals has increased. 

This situation is not acceptable, but it is fixable – and only underlines the urgency of moving forward with change to the law. 

While we wait, the government is aware that autistic people and people with a learning disability continue to be admitted to inpatient units, miles away from family, where they will become stuck without access to appropriate support in an environment that can't meet their needs and causes them harm. 

Knowingly allowing this to happen is indefensible. For these pressing reasons, the government must deliver on its commitment to pass a Mental Health Act that is fit for the 21st century within the next parliamentary session – we do not have time to wait. 

Yours sincerely, 

Mencap, National Autistic Society, the Challenging Behaviour Foundation, VoiceAbility, and 18,234 signed supporters

 

Campaigners standing in front of the black door of 10 Downing Street