The draft Mental Health Bill: How will proposed changes to the Mental Health Act relating to individuals with learning disabilities and autism impact the specialist care market?
In light of recently drafted changes to the Mental Health Act, Connell Consulting examines the proposal to remove learning disabilities and autism as grounds for the detention of an individual under section 3 and considers how this will impact demand for specialist community-based beds.
The Joint Committee on the draft Mental Health Bill, appointed in July 2022 to consider the government’s new draft bill to reform the Mental Health Act 1983, published its final report last Thursday (January 19th, 2023). One of the key recommendations included in this bill is the proposal to remove learning disabilities and autism as grounds for the detention of an individual under section 3 of the act. Section 3 is the legislation that allows for longer-term, non-voluntary detention in hospital, where it is deemed necessary for the health and safety of the patient and others. Therefore, under the amended bill, a patient could not be detained for treatment solely due to behaviours or presentations linked to their autism or learning disability.