Time to Act
The Government has ignored pleas that it is Time to Act, but we won’t give up fighting for fair mental health laws for autistic people.
On 7th November 2023, the Government decided not to proceed with its planned and promised Mental Health Bill. Despite decades of campaigning, and a massive 18,234 of you signing our open letter to Rishi Sunak demanding the outdated Mental Health Act be urgently reformed, it remains legal for autistic people to be detained just because they are autistic.
The Government didn’t mention the Mental Health Bill in its 2023 Kings Speech, which sets out which Bills the Government will be working on during the next parliament (likely to be from now until the next election). This means it is unlikely that the Bill will get the parliamentary time and attention it needs to become law before a new Government is elected.
However, this an urgent issue. There are 2,045 autistic people and people with learning disabilities in mental health hospitals in England – and 65% are autistic people. Hospitals are often miles away from patients' homes and support networks, and the average length of stay is more than five years. We hear alarming reports of people being subjected to overmedication, restraint and seclusion in these settings, often with devastating consequences.
Reforming the Mental Health Act would have been a key step towards ending this crisis. We also need significant, long-term funding for community mental health and social care services, so that autistic people can get the support they need in the first place and don’t need to reach crisis point and end up locked away in hospitals. We will continue to push all parliamentary parties to commit to ending this scandal.
The bill proposed vital changes to the Mental Health Act, including:
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changing the definition of “mental disorder” in the Mental Health Act meaning autistic people and people with a learning disability who do not have an accompanying mental health condition can’t be detained under section 3
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introducing a duty for councils to provide enough of the right community services to prevent autistic people and people with a learning disability from reaching crisis point
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making Care and Treatment Review actions enforceable, helping autistic people and people with a learning disability get discharged from hospitals sooner.
We must tell the Government that it is Time to Act.
Why is this bill so important?
While we wait for the Government to act, there are more than 2,000 autistic people and people with a learning disability stuck in inpatient mental health hospitals. These are often miles away from their friends and family, and the average length of stay is more than five years. We also hear alarming reports of patients being subjected to overmedication, restraint, seclusion and segregation.
Autism is not a mental health condition and mental health hospitals are not the right place for the vast majority of autistic people. Inpatient wards are often noisy, bright and unpredictable. For autistic people this can be completely overwhelming, increase their distress and lead to meltdowns, particularly for those with sensitivity to sound, light or touch.
Unless it acts quickly the Government won’t meet targets to reduce the number of autistic people and people with a learning disability in inpatient units by 50% before March 2024. In fact, the number of autistic people in mental health hospitals has actually increased since these targets were set.
The Government must urgently pass a Mental Health Act that is fit for the 21st century.
“The current mental health act feels like a punishment for being autistic. It’s completely unacceptable to section someone just because they’re autistic but if this bill doesn’t pass into law, the crisis of autistic people being stuck in mental health hospitals will only continue. The average time autistic people spend in inpatient mental health units is five and a half years. That’s five and a half years in chaotic, overwhelming and constantly changing environments that are not built for autistic people. We need action to prevent autistic people becoming lost in the system like this. Changing this would be life-saving.”