Minister of State for Care, Department of Health and Social Care
(Helen Whatley): Today we have published the Government’s formal
response to the recommendations made by the Joint Committee on
Human Rights in its report 'The detention of young people with
learning disabilities and/or autism' published on 1 November 2019
and those made in its report 'Human Rights and the Government’s
response to COVID-19: The detention of young people who are
autistic and/or have learning disabilities' published on 12 June
2020. A copy of the response will be deposited in the Libraries
of both Houses.
We welcome the Joint Committee on Human Rights’ (JCHR) reports
and their recommendations. Protecting the rights of people with a
learning disability and of autistic people is a matter of the
utmost importance to the Government. Rights must be upheld
regardless of wider circumstances, no matter how unprecedented.
This is especially so for those who may be at a particularly
vulnerable time in their lives, in crisis or receiving treatment
in specialist mental health inpatient settings. The Government’s
manifesto committed to improve how people with a learning
disability/and or autistic people are treated in law and to make
it easier for them to be discharged from hospital in recognition
of some of the challenges faced by this group of people.
The JCHR made recommendations for Government and its system
partners to improve the care and support of people with a
learning disability and/or autism which was not found to always
meet the high standard we would expect for each and every
individual.
We have carefully considered these recommendations and are
accepting in full or in principle the vast majority, including:
- The JCHR have specifically recommended that a legal duty is
introduced on Local Authorities and Clinical Commissioning Groups
to ensure the availability of sufficient community-based
services. We have accepted this recommendation in principle and
plan to consult on new duties to ensure an adequate supply
of community services for people with learning disabilities and
autistic people.
- In response to the recommendation that families should not be
prevented from speaking out about poor care, we will
introduce guidance on the use of injunctions to stop
the inappropriate use of injunctions and ensure that families are
able to speak out, driving up the standard of care for people
with a learning disability and/or autism.
- This guidance will require health bodies to notify the
Secretary of State for Health and Social Care of their intention
to seek an injunction. This will enable us to monitor
these instances and take further action such as following up with
the body in question to seek additional information on the
grounds seeking the injunction if required.
We propose to take forward a number of recommendations made by
the JCHR through reform of the Mental Health Act and more detail
will be provided in a Mental Health Act White
Paperin due course. Reforming the Mental Health Act will
help to ensure that when someone is admitted to hospital, the
care they receive is therapeutic and beneficial and will have a
positive impact for people with a learning disability and/or
autistic people who are admitted for assessment or treatment. The
White Paper will provide an opportunity to consult on changes as
recommended by the JCHR including:
- Placing Care, Education and Treatment Reviews (CETR) on a
statutory footing. This would help to ensure that the CETR
process is more robust and that there is greater involvement,
where appropriate, of families. This should ensure that the
process for resolving problems that keep people in hospital for
longer than they should is improved along with improving current
and future care planning, including plans for leaving hospital.
- Reforming the detention criteria and the detention
process should reduce inequalities by making sure
inpatient care for people with a learning disability or autistic
people is only used when it offers clear benefits. For those who
need inpatient care, having a say in the care they receive and
requiring care to be therapeutic should ensure that people with a
learning disability or autism are treated with the same dignity
and respect that we would all expect.
- Enforcing and enhancing the rights of individuals and
families to advocacy will be addressed, including through
recommendations on improving access to Independent Mental Health
Advocates, which would expect to have a positive impact in
supporting individuals with learning disabilities and autistic
people and their families.
The action we are taking in responding to these recommendations
will help to ensure that people with a learning disability and
autistic people are supported to live fulfilling lives in the
community and that if they are admitted to hospital, the care
they receive is both therapeutic and beneficial. The steps we are
taking will also ensure that where appropriate family members
will have a greater input into the care and support their loved
ones receive. We must remain committed to delivering on our
existing plans and on the new steps set out in this response.
