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The Government Response to the Joint Committee on Human Rights reports on the Detention of Young People with Learning Disabilities and/or Autism and Human Rights and the implications of the Government's COVID-19 response

22 October 2020

Proposing MP
Faversham and Mid Kent
Type
Written Ministerial Statement
Department
Department of Health and Social Care

At a Glance

Issue Summary

The statement addresses the government's formal response to recommendations from the Joint Committee on Human Rights regarding the detention of young people with learning disabilities and/or autism.

Action Requested

The government is accepting the majority of the JCHR's recommendations, including introducing legal duties for Local Authorities and Clinical Commissioning Groups to ensure adequate community-based services. They will also introduce guidance on the use of injunctions to prevent families from being silenced about poor care and will consult on changes through a Mental Health Act White Paper.

Key Facts

  • The JCHR published reports in November 2019 and June 2020.
  • A legal duty is proposed for Local Authorities and Clinical Commissioning Groups to ensure community-based services are available.
  • Guidance will be introduced on the use of injunctions to prevent inappropriate silencing of families.
  • Health bodies must notify the Secretary of State before seeking an injunction.
  • The Mental Health Act White Paper will consult on placing CETR on a statutory footing and reforming detention criteria.
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