On 1 November 2019, the Joint Committee on Human Rights (JCHR) published a report entitled “The detention of young people with learning disabilities and/or autism.” The report considered the issue of inappropriate or long-term placements of children and young people with learning disabilities and/or autism in mental health hospitals and the threat that such placements pose to their human rights.
The report detailed the “terrible suffering” caused to young people in mental health hospitals and the “anguish” this causes for their “distraught families.”
Several recent documentaries have exposed “taunting and abuse” in mental health hospitals, such as Whorlton Hall. The JCHR said trust had been lost in the system and the regulator as the exposure of wrongful treatment had been left to media sources such as the BBC.
Statistics
There were 2,250 people with learning disabilities and/or autism in hospital at the end of September 2019. Over half (1,295) of those have been there for over two years in total, and 660 were under 24 years old.
Proposals
The current situation is unacceptable, and the JCHR have made urgent proposals that include:
1. The establishment of a Number 10 unit to drive forward reform
2. A review of the framework for the provision of services
3. Stronger legal entitlements
4. Care and treatment reviews to be put on a statutory footing
5. The narrowing of the criteria for detention under the Mental Health Act
6. Recognition of families of people with learning disabilities and/or autism as human rights defenders
7. Substantive reform of the Care Quality Commission’s (CQC’s) approach and processes
Government response
In response, the Government are demanding an urgent discharge review for every person with autism and learning disabilities held in secure hospital units in a bid to force the release of hundreds of wrongly detained people. Ministers will also publish incarceration rates showing the worst offending single area.
Matt Hancock, the Health Minister, has also asked officials to detach autism and learning disabilities from mental health legislation. Current laws define autism as a mental disorder, making it easier for doctors to dispatch patients to secure units.
There is still so much to be done to protect the rights of young people with learning disability and/or autism and even more to be done to ensure they receive appropriate care and treatment, but it is reassuring to see the Government reacting to the grim picture painted by the JCHR’s report.
If you have concerns about your own or a family member’s detention in such an institution, or about Mental Health Tribunals or Court of Protection welfare proceedings, please contact Rebekah Sambrooks or Kirsty MacMillan, who has recently returned from maternity leave.
In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.