Mental Health Act 1983: Detention of People with Autism and other Lifelong Conditions

Opened the debate

It is a pleasure to address the House on the continued detention of autistic people and those with learning disabilities under the Mental Health Act. The debate highlights the detention of individuals who have committed no offence, merely being detained due to mental disorder classifications. At the end of November 2021, there were 2,085 such individuals in in-patient units; 1,234 of whom are autistic with 200 under 18 years old. The average detention period is 5.4 years and some for more than two decades. There have been numerous instances of restrictive interventions, including physical and chemical restraint. Behind these statistics lie real-life stories of individuals whose quality of life has been undervalued by the system. The debate also touches on inappropriate 'do not resuscitate' guidance used against people with learning disabilities, a practice that must be reviewed urgently. Early intervention can prevent lifelong conditions such as autism from becoming co-morbid mental health conditions but current practices often fall short, leading to unjust detentions and harmful treatment. Cases like Tony Hickmott’s and Patient A's highlight the failures of the system in protecting these individuals' rights and dignity. The speech concludes by stressing the need for legislative reform, better community-based alternatives, supported housing, improved commissioning of community support services, and a statutory duty to provide adequate care.

Government Response

The Minister acknowledges the urgency to reform the Mental Health Act and improve standards of care for autistic individuals and those with learning disabilities. She commits to independent reviews for long-term detainees, funding for senior intervenors to resolve discharge blockages, and a £31 million package to support discharges and develop community services. The Government aims to reduce in-patient numbers by 50% by March 2024 through the building the right support programme and an action plan to ensure joint cooperation across organisations. Early diagnosis is crucial, with funding allocated for reducing autism diagnosis waiting times and expanding early identification pilots. She also mentions mandatory training in learning disability and autism for health and social care staff. The Minister promises reforms to limit detentions under section 3 of the Act to those who have a co-occurring mental health condition. She emphasises the Government's commitment to ensuring compassionate, high-quality care and ending inappropriate detentions through proposed legislative changes.