Joint Committee investigates impact of draft Mental Health Bill on children and young people, and people with learning disabilities or autism

The Joint Committee continues its scrutiny of the draft Mental Health Bill. The draft Bill proposes removing learning disabilities and autism as conditions which can justify long term civil detention in inpatient care (if the person is suffering no concurrent mental health conditions.) The Joint Committee will question clinicians and experts on whether this is likely to improve the treatment of people with autism and learning disabilities.  

An independent review found that the current Mental Health Act is “being used inappropriately for people with a learning disability, autism or both.” In the Committee’s previous session, a witness recounted her experience of being “transported in cages and handcuffs” while held in detention. The Committee is expected to examine whether proposed changes to the bill sufficiently prohibit unnecessary and harmful detention while simultaneously allowing people with autism and learning disabilities access to the right support.  

The session will also examine whether the draft Mental Health Bill does enough to support children and young people. Many stakeholders have argued that the draft Bill has missed opportunities to strengthen safeguards for under-18s detained under the Mental Health Act. Concerns have been raised about poor inpatient care for young people, low-strength advocacy services which provide children with insufficient guidance, and inconsistent criteria to assess whether a young person can make decisions about their treatment.  

Witnesses from 13:45 

• Dr Margaret Flynn, Chair, National Mental Capacity Forum
• Dr Quinton Deeley, Consultant Neuropsychiatrist, National Autism Unit and Neuropsychiatry Brain Injury Clinic, South London and Maudsley NHS Trust.   
• Professor Mahesh Odiyoor, Finance Officer, Faculty of Intellectual Disabilities, Royal College of Psychiatrists 

Witnesses from approximately 15:00  

• Carolyne Willow, Director, Article 39
• Charlotte Rainer, Coalition Lead, Children and Young People’s Mental Health Coalition  
• Dr Susan Walker, Consultant Child and Adolescent Psychiatrist, Great Ormond Street Hospital  

Note to Editors:  

The Joint Committee has been established by the House of Lords and the House of Commons to consider the Government's draft Bill which aims tomodernise the Mental Health Act for the 21st century.The Committee is required to report to both Houses of Parliament and make recommendations to the Government about the draft Bill by 16 December 2022.  

Lords Members:  

Baroness Buscombe, Chair, Conservative; Baroness Barker, Liberal Democrat; Baroness Berridge, Conservative; Lord Bradley, Labour; Baroness Hollins, Crossbench; Baroness McIntosh of Hudnall, Labour.  

Commons Members:  

Dr Rosena Allin-Khan, Labour MP for Tooting; Marsha De Cordova, Labour MP for Battersea; Jonathan Gullis, Conservative MP for Stoke-on-Trent North; Dr Dan Poulter, Conservative MP for Central Suffolk and North Ipswich; Dr Ben Spencer, Conservative MP for Runnymede and Weybridge; Sir Charles Walker, Conservative MP for Broxbourne.