Dr Lucy Series spoke at the Joint Committee on the Draft Mental Health Bill on 8th November about concerns over how proposed changes to the bill may affect people with learning disabilities or autism.
Dr Series was asked to give evidence at the hearing as a specialist in the Mental Capacity Act 2005 and Mental Health Act 1983, and the interface between these two pieces of legislation.
As part of her evidence, she was asked about proposals to ‘remove’ learning disability and autism from section 3 of the Mental Health Act 1983 (longer term detention for treatment) and expressed her concerns over this issue.
Dr Series said afterwards: “The policy intention seems to be to stop these populations ending up for months or even years in Assessment and Treatment Units.
“However, if they are removed from the Mental Health Act they can just be detained under the Mental Capacity Act instead, where their rights and safeguards will be even weaker. The new Bill needs to address the interface between the statutes.”
She said she was grateful that the hearing was looking into this issue and to have had the opportunity to voice her concerns over it.
She added: “I believe it is crucial to address this potential impact of the bill before any changes are made to it. The hearing was positive as it threw a spotlight on this but also looked at possible solutions, such as strengthening rights to receive the right support and housing in the community, so that people do not end up in hospitals during a crisis and then staying for prolonged periods of time.”