Families have launched a legal campaign to end the “national scandal” of people with autism and learning disabilities being detained under the Mental Health Act.
The parents are concerned that the Mental Health Act is being wrongly used.
At risk of detention if his home care breaks down: Anmol Johar, pictured with his mother Rani
They say it is being used to detain people with autism and learning disabilities, often in mental health hospitals, also known as assessment and treatment units (ATUs), even where they do not have a mental illness.
Definition of ‘mental disorder’
The campaigners want the UK government to remove autism and learning disabilities from the definition of what constitutes a “mental disorder” under the legislation.
Two families from Windsor and North London have launched a crowdfunding appeal. This would allow specialist lawyers at Irwin Mitchell to advise on whether there are grounds to bring a judicial review to challenge the government.
At the end of March 2019, 2,260 people with autism or learning disabilities were being detained in mental health hospitals, NHS figures show.
‘Families are extremely concerned’
Anne-Marie Irwin, an expert public law and human rights lawyer at Irwin Mitchell, is representing the families.
She said: “Under the current law people with autism or a learning disability can be detained in a mental health hospital or ATU, even if they do not have an accompanying mental health diagnosis.
“Families are extremely concerned that their sons or daughters who have autism or learning disabilities are at risk of detention should they display behaviours that challenge.”
‘Issue is causing great worry’
She added: “This is an issue which is causing great worry, not only to our clients but thousands of others.
“This is reflected by more than 45,000 people signing a petition calling on the Government to stop the detention of people with autism and learning disabilities in ATUs.
“The families have requested that we investigate this issue, as they believe the Government is failing in its duty towards some of society’s most vulnerable people.”
Mental Health Act defines autism and learning disabilities as mental disorders
Tim Nicholls is Head of Policy at the National Autistic Society. He said: “Autism and learning disabilities are not mental health conditions. But they are defined as mental disorders in the Mental Health Act.
“This means that people who are autistic or have a learning disability can be detained even when they do not have a treatable mental health condition. This is wrong and part of the reason behind the national scandal of autistic children and adults getting stuck in mental health hospitals – and in some distressing cases being subject to seclusion, restraint and over-medication.
‘We hope it will help end this national scandal’
“Hospital wards are not designed for people without a treatable medical condition. They can be noisy, bright and unpredictable and this can be completely overwhelming for many people who are autistic or have a learning disability – and inadvertently make their life even harder.
“We and thousands of our supporters have been calling on the Government to review this definition and we welcome this potential legal action. We hope it will help end this national scandal and make sure vulnerable people get the support they need in their own community, near their family and friends.”
One of the campaigners is Inder Johar. He is the father of Anmol, a young man of 24 who he says has autism and challenging behaviour, with significant learning disabilities. Anmol lives at home full-time and is cared for by his parents and a team of carers.
‘He would become a target to be detained’
Inder reveals his fear for his son’s future in the campaign document. He says: “If we were no longer in Anmol’s life (for whatever reason) and his support broke down or failed through no fault of his, he would become a target to be detained (under the Mental Health Act 1983) simply because he has a diagnosis of autism.
“Please support us to change the law to stop people with autism and/or learning disabilities from being at risk of detention under the Mental Health Act. Success of this campaign will potentially help thousands of vulnerable people and their families across the country.”
For more information on the families’ crowdfunding campaign, visit: www.crowdjustice.com/draft/3932/r/LWKI5qCxQAydxoRXDXcS7A/
For more on the petition calling on the Government to debate the issue in Parliament, visit: www.petition.parliament.uk/petitions/231406
Related:
- Nearly 50 dead in long-stay hospitals
- ‘Abject failure’ of hospital plan
- Independent medics sent into hospital
- Hospital placed in special measures
- Huge surge in hospitals using restraint
- Social workers aim to cut hospital stays
- Hospital brought out of special measures
- Still stuck in mental health hospitals
- Spotlight on hospital care
- High noon at High Court for parents
- Parents go to court to fight for rights
- Parents want rights in over-18s welfare
Published: 23 May 2019
