Day 11 of the #LBBill Twelve Days of Christmas and we’re up to the final clause, Clause 8, a simple clause which would have a profound impact.
If the #LBBill becomes law, Clause 8 would remove people with learning disabilities and autism spectrum conditions from the scope of the Mental Health Act 1983.
This means that these people could only be ‘sectioned’ or otherwise treated under the Act if they also had a diagnosis of a recognised mental illness.
If a person with a learning disability or autism needed to be detained, then this would have to be done under the Mental Capacity Act. Otherwise, like the rest of the population, the only basis for detention would be the criminal law if someone committed a crime.
We know that the Mental Health Act creates some rights for people who fall under its scope and their families, but these rights are not enough to justify detention and compulsory treatment. We think it is wrong that disabled people should be treated under mental health legislation if they don’t have a mental illness.
This is explained further in today’s audio introduction film with easy-read images:
What do you think?
Do you have experience of the Mental Health Act being used in relation to people with learning disabilities or autism spectrum conditions who do not have a mental illness? Would this clause have helped?