Campaigners have cautiously welcomed plans to limit the detention of people with a learning disability or autism.
The pledge, included in the King’s Speech, is part of the government’s announcement to reform the Mental Health Act.
The National Autistic Society described the move as “long overdue” adding that since 2015 there has been a 116% rise in autistic people without a learning disability being locked up in mental health hospitals.
The Society said: “The inclusion of the Mental Health Act in the King’s Speech is a vital opportunity to change the law so autism is no longer defined as a ‘mental disorder’ and autistic people cannot be detained in mental health hospitals just for being autistic.”
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The scandal of people with learning disabilities or autism being detained on mental health wards or in controversial secure hospitals, known as assessment and treatment units (ATUs), has been highlighted by Sky News over many years.
We previously revealed that more than 40 people had died while detained.
Following our reporting, an independent review was commissioned into the death of one inpatient, Clive Treacey, who died in an ATU aged 47.
It found system-wide failures led Mr Treacey to experience “an unacceptably poor quality of life” and he was not “kept safe from harm”.
It concluded he “died in a system that should have become obsolete many years ago”.
A further 35 people have died since our first report.
Concerns over distance and lack of human contact
ATUs are supposed to provide short-term assessment, treatment and stabilisation of inpatients.
However, many people are held on wards miles away from their families for many years.
There are currently 2,025 people with a learning disability or autism in inpatient units. Most, 1,855, are detained under the Mental Health Act.
More than half of the people who are in hospitals have been there for two or more years.
In 2019, we highlighted the campaign of the father of Bethany – a young autistic girl who was detained in a single room for 24 hours a day.
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October 2019: ‘My autistic daughter is locked up’
Her dad, Jeremy, had to hold her hand through a hatch in the door when he visited.
Since our report, Bethany has been moved out of the secure unit and is living near her father.
He now works as an independent reviewer of the care given to people with learning disabilities and autistic people in secure care.
Jeremy told Sky News he welcomes the government’s plans for reform but is “nervous”, adding that “it will take huge investment in community provision”.
One concern he has is that “given the current lack of provision, we will see people fall under the criminal justice system”.
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Change could take years and will need investment
The government is pledging to introduce duties on commissioners to improve understanding of the risk of crisis as well as ensuring an adequate supply of community services to prevent inappropriate detentions.
Ministers acknowledge the reforms will take a number of years to implement with a need for staff to be recruited and trained.
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The group Rightful Lives, which campaigns on behalf of people with learning disabilities and/or autism, said: “Autism and learning disabilities are not mental health conditions and cannot be treated.
“Therefore, the detention and consequent restraint of people with learning disabilities and autistic people are unacceptable, abusive, and traumatically life-changing. Many people have sadly died.”
However, the group adds “timely, and appropriate community-based provision is difficult to access”.
It says: “For this reason, so many people become distressed and can reach crisis point.
“Without investment in community services, people will continue to be unsupported and so distress is horrifyingly inevitable.”