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BBC News
29-04-2025
- Health
- BBC News
Mental health law 'won't stop detentions'
Campaigners are warning that a new mental health law covering Wales will not reduce the "unnecessary" detention of disabled people in secure is the responsibility of the Senedd but the Welsh government is relying on a Westminster bill to improve how people with learning disabilities and autism are supported during a disability rights campaigners were among those who staged a protest in Westminster against what they say are significant shortcomings in UK Labour's Mental Health UK government said the proposed law "will ensure people get the support they need in the community". An independent review in 2018 found that "too often" the "outdated system" was being used to detain disabled and autistic people for lengthy periods, often due to a lack of community UK government wants to change the law so that disabled and autistic people cannot be detained under the act in most circumstances, unless they have a co-occurring mental health said the numbers were "unacceptable" but insisted that the reforms it was proposing would ensure that more people are treated in the community. Campaigners say the proposals will only have a limited impact on the numbers being detained, unless additional support is also provided in the Cavanagh, from Hook, Pembrokeshire, founder of the Stolen Lives campaign, told BBC Wales that she believed people would still be detained via other laws including the Mental Capacity added: "People with learning disabilities often end up in hospitals because there's a breakdown in housing and community care and it's the only place they can go."So, if that community care isn't there, there is nowhere for them to go and they'll still be detained." Her concerns were echoed by Sophie Hinksman, a 39-year-old woman with fetal alcohol syndrome who was sectioned in 2016 after her mental health said she will "probably never get over" the trauma of being detained, which she believes could have been avoided if she'd been given more effective help in the Hinksman, from Pembrokeshire, said: "If I'd got the right support at home and somebody to... reassure me everything should have been okay."The Welsh government said that 135 people with a learning disability are being treated in specialised inpatient services in Wales but it disagrees people are "systematically detained inappropriately".In England, NHS figures show over 2,000 people with learning disabilities or autism are being held as hospital inpatients, and about half of them have been detained for over 2 years, which the UK government said was "unacceptable". Disability rights groups, including People First Wales, have also accused UK ministers of refusing to meet with them to discuss concerns about the First Wales chief executive, Joe Powell, said: "There are too many policies being written and implemented by people who don't really understand what they mean to the people who need them."Welsh government sources previously said they were adopting the UK's Mental Health Bill to avoid a "fragmented approach", with different policies in Wales and earlier this month, the Senedd's legislation, justice and constitution committee said this had the effect of "sidelining the Senedd" and limiting the Welsh Parliament's scrutiny of the bill. 'Unacceptable' A Department of Health and Social Care spokesperson said: "The number of autistic people and people with a learning disability in mental health hospitals is unacceptable."Through our proposed reforms to the Mental Health Act, we will ensure people get the support they need in the community, closer to home, improving care and keeping people out of hospitals."We welcome stakeholders' contributions, including through the public consultation, and will engage further as the bill progresses through Parliament."A Welsh government spokesperson said: "We take the care of vulnerable people very seriously and are committed to reducing the number of people with a learning disability who are housed in hospital."We do not agree that people with learning disabilities are being systematically detained inappropriately in mental health units. When this does happen, it is vitally important they receive appropriate care, which includes a care plan that is reviewed regularly and options around future accommodation are fully considered."Health boards and local authorities continue to work to ensure suitable accommodation is provided in communities to facilitate step-down provision for those leaving inpatient accommodation."
BBC News
10-04-2025
- Health
- BBC News
Senedd 'sidelined' by Westminster mental health law
Important changes to mental health laws in Westminster are "sidelining" the Senedd, a group of politicians say a Welsh government decision to rely on the UK parliament "undermines" devolution and limits Senedd members' (MSs) influence over going through a crisis will no longer be held in police cells under the UK Labour government's Mental Health Welsh government says it will create "a coherent system of rights across Wales and England". Devolution gives the Senedd powers to legislate, or create laws, for certain policies, including the Welsh government can also ask Westminster to legislate on its Senedd is being asked to approve of the bill applying to Wales by passing a legislative consent motion (LCM).Votes on LCMs happen after a debate in the chamber, but the process is much quicker than passing made-in-Wales bills which can take Senedd's legislation, justice and constitution committee says it "has the effect of sidelining the Senedd as a legislature" and preventing MS from "having an opportunity to scrutinise legislation and seek changes, often based on issues raised by, and the experiences of, their constituents".Westminster bills should only change devolved public health policies in "exceptional circumstances such as an emergency", it says in a report on the LCM."We consider that the Welsh government's decision to use a UK government bill to legislate for Wales in relation to mental health, which excludes the Senedd as a legislature and from engaging with stakeholders in Wales, undermines devolution," it minister Sarah Murphy said the reforms "modernise mental health legislation to give patients greater choice, autonomy, enhanced rights and support, and ensure everyone is treated with dignity and respect throughout treatment". 'Cross-border' "There is a significant amount of cross-border provision of mental health services between Wales and England," she said."Not making provisions in this Bill risks increasing divergence between services available in the two countries."Government sources say they worked with the UK government on this "complex" bill to avoid a "fragmented approach", with different policies in Wales and Welsh government said it had received the report and was "considering its contents before responding in due course".In a separate report, the Senedd's health committee says opportunities for MSs to scrutinise the Mental Health Bill are "extremely curtailed", but that it saw no reason to block the votes are largely symbolic because they do not legally tie the hands of the Westminster convention the UK government will "not normally" legislate in devolved areas without the Senedd's the cross-party legislation committee has repeatedly complained about legislation bypassing the Senedd. Relying on UK bills creates a "democratic deficit", it has said Wednesday (9 April) it was confirmed that the Senedd will face an LCM vote on a bill to legalise assisted dying.
