Judith Cummins
MP for Bradford South · Labour · United Kingdom
“(2) The report under subsection (1)(b) must include— (a) an assessment of the current burden of musculoskeletal conditions in England including— (i) waiting times, (ii) emergency admissions or unplanned care, (iii) variation by integrated care board area, (iv) impact on work and economic inactivity, (v) outcomes, (b) the evidence of poten…”
“(2) The report must include an action plan to address gaps in dementia data across prevalence, the health and social care interface, the dementia care pathway, experience of care, and workforce.”
“(3D) The health and social care integration plan must include— (a) a description of the structural and operational arrangements for joint working between NHS bodies and local authority social care services following the abolition of NHS England; (b) proposals for how the transfer of NHS England's functions to the Secretary of State will a…”
“(2) The conditions are that— (a) the Health Services Safety Investigations Body (or, if its functions have already been transferred under section 63 of this Act, the Care Quality Commission exercising those functions) has laid its final report on Advice and Guidance services before Parliament, and (b) the Secretary of State has published…”
“(3) A report under subsection (1) must include— (a) an assessment of variation in dementia services and outcomes between Integrated Care Board areas, (b) information on workforce capacity, capability and training standards relevant to dementia care, (c) information on access to ongoing post-diagnostic support services, including support f…”
“(2) The report under subsection (1)(b) must include— (a) an assessment of the current burden of respiratory disease in England including— (i) emergency admissions, (ii) variation by integrated care board area, (iii) outcomes; (b) the evidence of potential for rapid and significant improvements in quality of care and productivity that a re…”
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“(2) In preparing the report, the Secretary of State must consult— (a) autistic people and people with a learning disability who have specified risk factors for detention under Part 2 of this Act and their families or carers; (b) integrated care boards; (c) local authorities; and (d) such other persons as the Secretary of State considers appropriate.” This amendment would require the Secretary of State to report annually to Parliament on the availability of appropriate placements for autistic people and people with learning disability and on progress implementing the relevant provisions of the Act.”
“Amendment 26, page 10, line 5, at end insert— “125FA Report: services for autistic people and people with a learning disability (1) The Secretary of State must, within 12 months of this section coming into force and annually thereafter, prepare and lay before Parliament a report on— (a) the availability of appropriate accommodation for autistic people and people with a learning disability detained under this Act; (b) the number of instances where appropriate accommodation could not be found within statutory timeframes; (c) the progress towards implementation of sections 3 and 4 of the Mental Health Act 2025 and the impact of any delays to implementation on autistic people and people with a learning disability; and (d) progress made towards meeting the needs of autistic people and people with a learning disability without detaining them under Part 2 of this Act.”
“(3) The integrated care board must consult the following in conducting the assessment— (a) autistic people and people with a learning disability who have specified risk factors for detention under Part 2 of this Act and their families or carers; (b) the relevant local authority or authorities; (c) providers of relevant services; and (d) such other persons as the integrated care board considers appropriate. (4) The Secretary of State must issue guidance about the conduct of assessments under this section, and integrated care boards must have regard to this guidance.” This amendment would require integrated care boards to conduct and publish annual assessments of the provision available for autistic people and people with learning disability at risk of detention and to prepare action plans to address any identified gaps.”
“(2) The assessment under subsection (1) must include consideration of— (a) the availability of appropriate crisis accommodation; (b) the availability of appropriate community support services; (c) the adequacy of training for responsible bodies and individuals to carry out support, diagnostic and treatment plans; and (d) the experiences of autistic people and people with a learning disability who have specified risk factors for detention under Part 2 of this Act and their families or carers.”
“Amendment 25, page 10, line 5, at end insert— “125FA Assessment: provision of services for autistic people and people with a learning disability (1) Each financial year, an integrated care board must— (a) conduct an assessment of the availability and adequacy of services within its area for autistic people and people with a learning disability who have specified risk factors for detention under Part 2 of this Act; (b) publish the results of the assessment; and (c) publish an action plan to address any gaps in provision identified.”
“(2) The plan must include— (a) revised assumptions of the number of autistic people and people with learning disabilities who may require detention under this Act; (b) the actions that the Secretary of State will take to ensure community services are available to meet demand after the 28-day detention period; (c) plans for data collection to support commissioning sufficient services; (d) plans to allocate appropriate resource to ensure operability of services, including, but not limited to, financial resource; (e) plans to ensure that responsible bodies and individuals receive the necessary training to carry out support, diagnostic, and treatment plans.” This amendment requires the Secretary of State to present a plan within four months to ensure sufficient services, resources, data, and training are in place to support autistic people and those with learning disabilities under the Act.”
“(4) The Secretary of State must issue guidance about the assessment of need and provision of crisis accommodation under this section.” This amendment requires ICBs to assess need and ensure provision of appropriate crisis accommodation, either locally or regionally, designed specifically for autistic people and people with learning disability in crisis. Amendment 14, page 10, line 5, at end insert— “125FA Report: sufficient commissioning services for people with autism or learning disability (1) Within four months of the day on which the Mental Health Act 2025 is passed, the Secretary of State must lay before Parliament a plan to allocate sufficient resources for commissioning services regarding the treatment and detention of autistic people and people with learning disabilities to ensure operability of provisions in this Act.”
“(3) For the purposes of this section, ‘appropriate crisis accommodation’ means accommodation which— (a) is designed to meet the specific needs of autistic people and people with learning disability during periods of acute mental health crisis; (b) is staffed by persons with specialist training in supporting autistic people and people with learning disability; (c) provides a safe alternative to detention under section 136 of this Act; (d) is developed through co-production with autistic people and people with learning disability.”
“Amendment 24, page 9, line 38, at end insert— “125ZF Crisis accommodation: duty to assess and provide (1) In exercising its functions under section 125E, an integrated care board must assess the need for appropriate crisis accommodation for autistic people and people with a learning disability within its area. (2) Where such need is identified under subsection (1), the integrated care board must ensure appropriate crisis accommodation is available, either— (a) within its area, or (b) through arrangements with other integrated care boards for regional provision.”
“Amendment 13, page 9, line 29, at end insert— “(c) seek to ensure that the needs of children and young people can be met without detaining them under Part 2 of this Act.” This amendment extends the duty on integrated care boards and local authorities to exercise their marketing functions in a way that seeks to ensure that children and young people’s needs can be met without detaining them. Amendment 38, page 9, line 32, after “125D(3)(d)” insert “and 125DA(3)”. Amendments 37 and 38 are consequential on amendment 36 and would ensure that integrated care boards and local authorities have regard to reports from care and treatment review meetings with people on their registers when commissioning services.”
“(6) A person may withdraw consent to the taking place of meetings and to the disclosure of information in accordance with arrangements under subsection (1). (7) The arrangements under subsection (1) must include provision about— (a) how consent to the taking place of meetings or the disclosure of information may be withdrawn; (b) what is to happen when consent is withdrawn (which may include provision about who is to be informed).” This amendment replicates the provisions for care and treatment reviews for patients under sections 125A and 125B but for people with autism and learning disabilities who are at risk of detention, in order to identify needs and ensure that those needs can be met without detaining them. Amendment 37, page 9, line 26, after “125D(3)(c)” insert “and 125DA(3)”.”
“(The arrangements may also include provision authorising or requiring a copy of the report to be given to other persons.) (4) The integrated care board shall arrange appropriate provision within 28 days of receipt of a report under subsection (3) to address any needs identified and recommendations made. (5) The arrangements under subsection (1) must include arrangements for ensuring that— (a) the first meeting in relation to the person takes place within the period of 28 days from their inclusion in the register under section 125D, and (b) a further meeting takes place at least once in each successive period of 24 months for which the person remains on the register, beginning with the day on which the first meeting takes place.”
“(3) The arrangements under subsection (1) must include arrangements for— (a) the preparation of a report (whether by the board or another person) setting out the needs identified, and recommendations made, at each meeting, and (b) the provision of a copy of the report, within the period of 14 days beginning with the day on which a meeting takes place, to each of the following persons (other than any who prepared the report)— (i) the responsible commissioner, (ii) the person’s responsible clinician, (iii) the integrated care board, and (iv) the local authority in whose area the person is ordinarily resident.”
“(2) In this section ‘care and treatment review meeting’ means a meeting, convened by the integrated care board, for the purpose of reviewing a person’s case in order to— (a) identify any needs of the person for— (i) social care provision, (ii) medical treatment, or (iii) financial support, and (b) make recommendations about— (i) whether and how any such needs can be met, (ii) how the person’s safety can be ensured while they are at risk of detention, and (iii) how to reduce any risk of the person being detained in a hospital or registered establishment.”
“Amendment 36, page 9, line 20, at end insert— “125DA Registers: reviews (1) Each integrated care board must make arrangements for ensuring that care and treatment review meetings take place in relation to a person included in that board’s register under section 125D if either— (a) the person consents to meetings taking place and to the disclosure of information in accordance with the arrangements, and to the use of the information in accordance with this Act, or (b) the person lacks capacity to give that consent but the board considers that it is nonetheless in the person’s best interests for the meetings to take place, and information to be disclosed and used, as mentioned in subsection (a).”
“Amendment 3, page 9, line 20, at end insert— “(6) The risk factors specified in regulations under subsection (5) must include— (a) homelessness; (b) addiction; (c) domestic abuse; (d) miscarriage and traumatic birth; (e) experience of armed conflict; and (f) bereavement.” This amendment would specify risk factors for detention for people on the register of people at risk of detention under Clause 4.”
“This amendment ensures that integrated care boards and local authorities responsible for a patient's treatment and care have a duty to implement recommendations arising from a care and treatment review. Amendment 12, page 8, line 27, at end insert— “(ba) the person is under 18 years old and satisfies the conditions in (b)(ii).” This amendment inserts a new subsection that extends the duty on integrated care boards to establish and maintain a register for those at risk of detention to all children and young people under the age of 18.”
“Amendment 8, page 7, line 6, at end insert— “(iii) housing, and”. This amendment ensures that housing needs are considered as part of care and treatment review meetings. Amendment 9, page 7, line 32, at end insert— “(v) the patient, (vi) the patient’s nominated person, and (vii) the patient’s independent mental health advocate.” This amendment ensures that nominated persons and independent mental health advocates receive a copy of a care and treatment review meeting report. Amendment 10, page 7, line 40, for “12” substitute “six”. This amendment would shorten the length between care and treatment reviews from 12 months to six months. Amendment 11, page 8, line 12, leave out “must have regard to” and insert “have a duty to carry out”.”
“Amendment 2, clause 4, page 4, line 41, at end insert— “(iv) accommodation and relocation, and”. This amendment ensures the impact of accommodation and relocation is considered in care and treatment reviews for patients with autism or learning disabilities. Amendment 6, page 5, line 23, at end insert— “(v) the patient, (vi) the patient’s nominated person, and (vii) the patient’s independent mental health advocate.” This amendment would ensure that nominated persons and independent mental health advocates receive copy of a care, education, and treatment review meeting report for children and young people with autism or a learning disability. Amendment 7, page 5, line 31, for “12” substitute “six”. This amendment would shorten the length between care and treatment reviews from 12 months to six months.”
“Amendment 33, clause 1, page 1, line 19, at end insert— “(2BA) The Secretary of State shall ensure that each of the following matters is addressed— (a) the provision of access to advocacy services for patients who have not attained the age of 18, including patients admitted to, or who remain in, hospital in pursuance of such arrangements as are mentioned in section 131(1); (b) the assessment of ‘competence’ in relation to patients who have not attained the age of 16; (c) the preparation of care and treatment plans for patients who have not attained the age of 18, including patients admitted to, or who remain in, hospital in pursuance of such arrangements as are mentioned in section 131(1); (d) matters to be taken into account by an approved mental health professional when deciding who to appoint as a nominated person in circumstances in which the patient has not attained the age of 18 and paragraph 7 of Schedule 2 of this Act applies; (e) steps to be taken by managers of the hospital when section 131A of this Act applies including— (i) matters to be taken into account when determining whether the patient’s environment in hospital is suitable having regard to the patient’s age (including article 3(1) of the UN Convention on the Rights of the Child (‘the best interests of the child’)); (ii) measures to be taken in cases where a patient who has not attained the age of 18 has been admitted to an environment that provides care and treatment to patients who have attained the age of 18, including— (A) safeguards to ensure that the patient is provided with care in a safe environment; and (B) action to be taken to ensure that the patient is transferred to a more age-appropriate environment as soon as reasonably practicable; (f) matters to be taken into account when determining whether a patient who has not attained the age of 18 should be admitted to a hospital for the purpose of treatment (or assessment, or assessment followed by treatment) of mental disorder which is located in an area falling outside the local authority in which the patient was ordinarily resident, or otherwise living in, prior to such detention or admission and the safeguards to be followed if the patient is so admitted; (g) an explanation of the arrangements for the commissioning and provision of community and inpatient mental health services for those who have not attained the age of 18.” This amendment inserts commitments related to children and young people which the Government made in the House of Lords into the section on principles to inform decisions on the Code of Practice.”
“(3) Within twelve months of the publication of a roadmap under subsection (1) above and annually thereafter, the Secretary of State must publish a monitoring statement on progress made towards implementing the roadmap, including its targets and milestones.” This new clause would require the Government to publish a roadmap outlining its plans for ensuring sufficient community services to enable the implementation of the Act’s provisions on ending the detention of autistic people and people with a learning disability.”
“New clause 37— Roadmap for the provision of sufficient services for autistic people and people with a learning disability— “(1) Within six months of the passing of this Act, the Secretary of State must prepare and lay before Parliament a roadmap to outline the Government’s plans for ensuring sufficient community services for autistic people and people with a learning disability to facilitate the operability of section 3 of this Act. (2) When developing the roadmap under subsection (1), the Secretary of State must engage with relevant stakeholders, including— (a) autistic people and people with a learning disability; (b) carers for autistic people and people with a learning disability; (c) health and care professionals; and (d) advocacy groups.”
“(3E) Where this subsection applies, the managers of the hospital must inform the appropriate officer of the responsible local authority without delay— (a) of the patient's detention or admission, and (b) when the patient's detention or admission ceases.’ (5) Leave out subsection (4) and insert— ‘(4) In this section— “adult ward” means a ward in a hospital to which persons aged 18 or over are detained in or admitted to “the appropriate officer” means— (a) in relation to a local authority in England, their director of children’s services, and (b) in relation to a local authority in Wales, their director of social services; “hospital” includes a registered establishment; and “the responsible authority” means— (a) the local authority appearing to the managers of the hospital to be the authority within whose area the child was ordinarily resident immediately before being detained or admitted, or (b) where it appears to the managers of the hospital that the patient was not ordinarily resident within the area of any local authority, the local authority within whose area the hospital is situated.’” This amendment would restrict the circumstances in which a child can be admitted to or detained on an adult ward for treatment under the Mental Health Act 1983, require the hospital to notify the local authority when they have done so, or when they have placed a child in a ward outside their local authority, and require that the parents or legal guardians of the child have access to their child and are consulted about their admission to an adult ward.”
“(3D) Subsection (3E) also applies where the managers of a hospital detain or admit a patient to whom this section applies who— (a) was ordinarily resident immediately before being detained or admitted in the area of a local authority other than the local authority within whose area the hospital is situated, unless the hospital is less than 20 kilometres from the patient’s ordinary residence; or (b) was not ordinarily resident within the area of any local authority.”
“(3B) Where a patient to whom this section applies is detained in, or admitted to, an adult ward, and the detention or admission is of more than 24 consecutive hours’ duration, the managers of the hospital must notify the regulatory authority and the responsible authority within 48 hours of the patient’s admission, setting out why the managers of the hospital consider that the requirements under subsection (1A) above are met and providing the information set out in subsection (3A). (3C) Subsection (3E) applies when the managers of a hospital accommodate a patient to whom this section applies on an adult ward for a consecutive period of at least 28 days.”
“New clause 36— Age appropriate treatment for children— “(1) Section 131A of the Mental Health Act 1983 is amended as follows. (2) After subsection (1), insert— ‘(1A) A patient to whom this section applies must not be detained in, or admitted to, an adult ward unless the managers of the hospital consider that— (a) there are exceptional circumstances which justify the patient’s detention in, or admission to, an adult ward, and (b) the decision is in accordance with the best interests of the child.’ (3) For subsection (3), substitute— ‘(3) For the purpose of deciding how to fulfil the duty under subsection (2) above, the managers must consult— (a) someone with parental responsibility for the child, unless it is not deemed in the best interests of the patient for someone with parental responsibility to be consulted; and (b) a person who appears to them to have knowledge or experience of cases involving patients who have not attained the age of 18 years which makes the person suitable to be consulted.’ (4) After subsection (3), insert— ‘(3A) Where a patient to whom this section applies has been detained in, or admitted to, an adult ward, the managers of the hospital must record in writing the reasons for the admission, including— (a) the reason, or reasons, why other options for accommodation were not available or suitable for the patient; (b) details of the measures to be taken by the hospital to ensure that, while the patient is detained or otherwise accommodated in the adult ward, the patient is provided with care in a safe environment; and (c) unless it has been determined that an adult ward is the most appropriate environment for the patient in accordance with subsection (1A), the steps being taken by the hospital to transfer the patient to more appropriate accommodation.”
“(12) A community treatment order with a duration of less than 12 months is not subject to the conditions set out in subsection (10). (13) Where a community treatment order is extended beyond a period of 12 months, the order must be reviewed at intervals not exceeding six months from the date of the extension, in accordance with the requirements set out in subsection (10). (14) At the conclusion of the initial 12 month period or of any extended period, the responsible clinician must undertake a review to assess the effectiveness of the community treatment order at complying with the code of practice set out in section 118(2B) of this Act.’” This new clause would set out conditions for the extension of a community treatment order beyond 12 months, and would require such an order to comply with the Mental Health Act’s code of practice.”
“(10) The responsible clinician may extend the duration of a community treatment order beyond 12 months only after the responsible clinician has— (a) consulted the patient, the patient’s nominated persons, and any relevant mental healthcare professional involved in the patient’s treatment or care planning; (b) undertaken a review to evaluate the ongoing necessity and therapeutic benefit of the community treatment order; and (c) consulted a General Medical Council registered psychiatrist regarding the conditions of the community treatment order and obtaining their written agreement that an extension is necessary and in accordance with the principles set out in section118(2B). (11) A tribunal may recommend that the responsible clinician consider whether to extend, vary, or terminate the duration and conditions of a community treatment order.”
“It would remove from the criteria for detention any reference to ‘likelihood’ or ‘may be caused’, replacing those words with language related to an individual’s risk, in order to simplify a psychiatrist’s assessment of a patient’s levels of risk. New clause 35— Community treatment order: conditions— “(1) Section 17B of the Mental Health Act 1983 (Conditions) is amended as follows. (2) After subsection (7) insert— ‘(8) The responsible clinician must ensure that a community treatment order complies with the code of practice as set out in section 118(2B) of this Act. (9) A community treatment order has a maximum duration of 12 months, unless the conditions set out in subsection (10) apply.”
“(2) In section 2 (admission for assessment), in subsection (2)— (a) omit the ‘and’ at the end of paragraph (a); (b) for paragraph (b) substitute— ‘(b) there is a risk of serious harm to the health or safety of the patient or of another person; and (c) given the nature or degree of the harm, the patient ought to be so detained.’ (3) In section 3 (admission for treatment)— (a) in subsection (2), for paragraphs (c) and (d) substitute— ‘(b) there is a risk of serious harm to the health or safety of the patient or of another person unless the patient is so detained, (c) it is necessary, given the nature or degree of the harm, for the patient to receive medical treatment, (d) the necessary treatment cannot be provided unless the patient is detained under this Act, and (e) appropriate medical treatment is available for the patient.’ (b) in subsection (3)— (i) in paragraph (a), for ‘(d)’ substitute ‘(e)’; (ii) in paragraph (b), for ‘(c)’ substitute ‘(b) to (d)’ (4) In section 5(4) (detention for six hours pending application for admission), for paragraph (a) (but not the ‘and’ at the end) substitute— ‘(a) that there is a risk of serious harm to the health or safety of the patient or of another person unless the patient is immediately restrained from leaving the hospital;’ (5) In section 20 (renewal of authority for detention of patient detained in pursuance of application for admission for treatment etc), in subsection (4), for paragraphs (c) and (d) substitute— ‘(b) there is a risk of serious harm to the health or safety of the patient or of another person unless the patient receives medical treatment, (c) it is necessary, given the nature or degree of the harm, for the patient to receive medical treatment, (d) the necessary treatment cannot be provided unless the patient continues to be liable to be detained, and (e) appropriate medical treatment is available for the patient.’ (6) The amendment made by subsection (5), so far as relating to persons who are liable to be detained by virtue of Part 3 of the Mental Health Act 1983, applies in relation to such a person whether the person became so liable before or after the coming into force of this section.” This new clause is intended to replace Clause 5 (see Amendment 43).”
“(4) Where the assessment under subsection (2)(d) reveals that alternatives to continued detention or community treatment were not adequately considered, the independent reviewer may require the detaining organisation or responsible commissioner to— (a) provide justification for this omission, and (b) outline steps to ensure that alternative options are fully considered in future reviews.’” This new clause provides for a new process with independently chaired reviews for any patient with autism or a learning disability subject to detention or community treatment orders for long periods of time. New clause 34— Grounds for detention— “(1) The Mental Health Act 1983 is amended as follows.”
“(2) The independent reviewer must— (a) conduct a face-to-face assessment of the patient, (b) consult with the patient’s family or carers, where appropriate, (c) review the patient’s care, education (where applicable), and treatment plan, including the rationale for continued detention or the continuation of a community treatment order, and (d) assess whether alternatives to continued compulsory detention, including community-based or less restrictive options, have been adequately considered. (3) The Care Quality Commission must ensure that a further ICETR is conducted at intervals of not more than 12 months for so long as the person remains subject to compulsory detention under this Act or to a community treatment order.”
“New clause 33— Mandatory Independent Care (Education) and Treatment Reviews for patients with autism or learning disability detained for more than 5 years— “In the Mental Health Act 1983, after section 142D (inserted by section 52 of this Act) insert— ‘ 142E Mandatory Independent Care (Education) and Treatment Reviews for patients with autism or learning disability detained for more than 5 years (1) Where a person with autism or a learning disability has been subject to compulsory detention under this Act, including by virtue of a community treatment order, for a continuous period of 5 years or more, the Care Quality Commission must appoint a qualified professional to conduct an Independent Care (Education) and Treatment Review (ICETR) of that person’s care and treatment.”
“(4) The independent reviewer has authority equivalent to a second opinion appointed doctor to— (a) confirm the appropriateness of the long-term segregation, (b) recommend amendments to the treatment plan, and (c) require alternative interventions if long-term segregation is deemed inappropriate.’” This new clause requires independently chaired reviews for any person detained in long-term segregation, in line with the recommendations of Baroness Hollins’ report on solitary confinement for people with autism and learning disabilities.”
“(3) The independent reviewer must— (a) conduct a face-to-face assessment of the patient, (b) consult with the patient’s family or carers, where appropriate, (c) review the patient’s care and treatment plan, including the rationale for continued segregation, and (d) assess whether alternatives, including ward or community-based alternatives, were considered prior to the implementation of long-term segregation. (3) Where the assessment under subsection (3)(d) reveals that alternatives were not adequately considered, the independent reviewer may require the detaining organisation to— (a) provide justification for this omission, and (b) outline steps to ensure that alternative options are considered in future cases.”
“New clause 32— Mandatory Independent Care (Education) and Treatment Reviews for patients detained in long-term segregation— “In the Mental Health Act 1983, after section 142D (inserted by section 52 of this Act) insert— ‘ 142E Mandatory Independent Care (Education) and Treatment Reviews for patients detained in long-term segregation (1) A notification of any use of long-term segregation for a patient detained under this Act must be issued to the Care Quality Commission, the hospital’s Board of Directors and the relevant NHS Commissioner within 72 hours of the person being placed in long-term segregation. (2) Upon receipt of a notification under subsection (1), the Care Quality Commission must appoint a qualified professional to conduct an Independent Care (Education) and Treatment Review.”
“(3) The consultation must include input from relevant stakeholders, including— (a) individuals with learning disabilities and autistic people; (b) carers for people with learning disabilities and autistic people; (c) healthcare professionals; and (d) advocacy groups.” This new clause would require a costed plan to ensure that ICBs and local authorities are able to provide adequate community services for individuals with learning disabilities and autistic people at risk of detention under Part 2 of the 1983 Act, informed by a consultation with a range of stakeholders.”
“New clause 31— Costed plan to ensure community provision for individuals with learning disabilities and autism who are at risk of detention— “(1) Within 18 months of the day on which this Act is passed, the Secretary of State must publish a fully costed plan for how Integrated Care Boards and local authorities will ensure provision of adequate community services for individuals with learning disabilities and autistic people who are at risk of detention under Part 2 of the Mental Health Act 1983. (2) As part of the development of that plan, a formal consultation process must take place to determine how the decision to enact the relevant parts of this Act will be made.”
“(3) After subsection (2), insert— ‘(2A) If, in the case of a patient who— (a) is an outpatient in hospital; or (b) has attended hospital to seek treatment as an outpatient; or (c) has attended hospital to seek admission as an inpatient, it appears to the registered medical practitioner assessing the patient that an application ought to be made under this Part of this Act for the admission of the patient to hospital, the registered medical practitioner may furnish to the managers a report in writing to that effect; and in any such case the patient may be detained in the hospital for a period of 72 hours from the time when the report is so furnished.’ (4) In subsection (3), after ‘(2)’ insert ‘or (2A)’.” This new clause would allow people who have attended or been brought to a hospital to seek help or admission as a patient to be detained for assessment under the Mental Health Act.”
“It includes procedural safeguards for determining the reasons behind (and suitability of) admitting a child to a hospital environment in which adults are simultaneously accommodated or in an out of area placement, along with notification requirements. New clause 30— Application in respect of patient already on hospital grounds— “(1) Section 5 of the Mental Health Act 1983 (Application in respect of patient already in hospital) is amended as follows. (2) In subsection (1), after ‘or,’ insert ‘that the patient has attended a hospital or been brought to a hospital to seek help or admission as a patient or,’.”
“(3D) Where this subsection applies, the managers of the hospital must immediately inform the appropriate officer of the responsible local authority— (a) of the patient's detention or admission, and (b) when the patient's detention or admission ceases.’ (4) Leave out subsection (4) and insert— ‘(4) In this section— (a) “adult ward” means a ward in a hospital to which persons aged 18 or over are detained in or admitted to; (b) “the appropriate officer” means— (i) in relation to a local authority in England, their director of children's services, and (ii) in relation to a local authority in Wales, their director of social services; (c) “hospital” includes a registered establishment; and (d) “the responsible authority” means— (i) the local authority appearing to the managers of the hospital to be the authority within whose area the child was ordinarily resident immediately before being detained or admitted, or (ii) where it appears to the managers of the hospital that the patient was not ordinarily resident within the area of any local authority, the local authority within whose area the hospital is situated.’” This new clause seeks to ensure that children are only placed on adult wards where there are exceptional circumstances, and it is in their best interests.”
“(3C) Subsection (3D) applies when— (a) the managers of a hospital accommodate a patient to whom this section applies in an adult ward for a consecutive period of at least 28 days; or (b) detain or admit a patient to whom this section applies who— (i) was ordinarily resident immediately before being detained or admitted in the area of a local authority other than the local authority within whose area the hospital is situated, or (ii) was not ordinarily resident within the area of any local authority.”
“(3B) Where a patient to whom this section applies is— (a) detained in, or admitted to, an adult ward or in a local authority other than the local authority in which the patient was ordinarily resident; and (b) the detention or admission is of more than 24 consecutive hours' duration, the managers of the hospital must notify the regulatory authority immediately, setting out why they consider that the requirements under subsection (1A) above are met and providing the information set out in subsection (3A).”
“(2) After subsection (1), insert— ‘(1A) A patient to whom this section applies must not be detained in, or admitted to, an adult ward unless the managers of the hospital consider that— (a) there are exceptional circumstances which justify the patient’s detention in, or admission to, an adult ward; and (b) the decision is in accordance with the best interests of the child.’ (3) After subsection (3), insert— ‘(3A) Where a patient to whom this section applies has been detained in, or admitted to, an adult ward, the managers of the hospital must record in writing the reasons for the admission, including— (a) the reason, or reasons, why other options for accommodation were not available or suitable for the patient; (b) details of the measures to be taken by the hospital to ensure that, while the patient is detained or otherwise accommodated in the adult ward, the patient is provided with care in a safe environment; and (c) unless it has been determined that an adult ward is the most appropriate environment for the patient in accordance with subsection (1A), the steps being taken by the hospital to transfer the patient to more appropriate accommodation.”
“(2) Every person having functions by virtue of this Act shall take such steps as are practicable and appropriate to mitigate the impairment or diminution referred to in this section or, as the case may be, the likelihood of that impairment or diminution. (3) In this section— “child” has the meaning given by section 105 of the Children Act 1989; and “parental responsibilities” has the meaning given by section 3 of the Children Act 1989.’” This new clause would create a duty to mitigate the adverse effect of compulsory treatment under the Mental Health Act 1983 on relations between parents and their children, mirroring provisions in the Mental Health (Care and Treatment) (Scotland) Act 2003. New clause 29— Age-appropriate treatment for children— “(1) Section 131A of the Mental Health Act 1983 is amended as follows.”
“(2) After section 131A, insert— ‘ 131B Duty to mitigate adverse effect of compulsory measures on parental relations (1) Subsection (2) below applies— (a) where— (i) a child is subject to any measures authorised by virtue of this Act; and (ii) the measures will or will be likely to impair the personal relations or diminish direct contact between the child and any person with parental responsibilities in relation to the child; or (b) where— (i) a person with parental responsibilities in relation to a child is subject to any measures authorised by virtue of this Act; and (ii) the measures will or will be likely to impair the personal relations or diminish direct contact between that person and the child.”
“(2) The managers must ensure, where children of patients are identified, that— (a) information is provided to the family about support available for the child; (b) the appropriate practitioner consider whether the child might be a young carer and whether they might benefit from additional support including— (i) a Young Carers’ Needs Assessment under section 17ZA of the Children Act 1989, or (ii) additional support from their local authority or local young carers service.’” This new clause would require hospitals to identify children of patients and provide support or provide guidance on available support to them, particularly if they are a young carer. New clause 28— Duty to mitigate adverse effect of compulsory measures on parental relations— “(1) The Mental Health Act 1983 is amended as follows.”
“New clause 27— Duty to identify children of patients receiving treatment— “(1) The Mental Health Act 1983 is amended as follows. (2) In Part X (Miscellaneous and Supplementary), after section 133 insert— ‘ 133B Duty of managers of hospitals to identify children of patients (1) Where a patient liable to be detained under this Act is in a hospital or registered establishment, the managers of the hospital or registered establishment shall take such steps as are practicable to identify children of the patient.”
“(2) A service established under this section must provide— (a) support to unpaid carers when a patient for whom they provide care is— (i) awaiting admission to hospital for treatment under the Act; (ii) receiving treatment in hospital under the Act; (iii) set to be discharged from a hospital where they had been receiving treatment under this Act; (b) timely and accessible information regarding the discharge of the patient they care for, including details of— (i) the patient's discharge plan; and (ii) aftercare arrangements under section 117 of this Act; (c) support for unpaid carers to identify their own needs and connect to relevant local services for post-discharge support, including local authority adult social care services, general practitioners, and local carers' centres; (d) facilitation of effective communication and collaboration between unpaid carers and the patient's multi-disciplinary clinical team regarding the discharge process; (e) assistance to unpaid carers in developing or updating a carer's support plan in the context of the patient's discharge, including guidance on— (i) their rights to assessment and support as carers (ii) their participation in education or employment; (iii) available counselling services; (iv) support in planning for emergencies in relation to the patient; (v) benefits for the carer and patient; and (vi) other forms of local support; and (f) services to ensure that the perspective of the unpaid carer, as a key provider of support, is considered during discharge planning, where appropriate and with due regard to patient confidentiality and consent.’” This new clause would require hospitals to establish a dedicated liaison service for the carers of patients detained under the Mental Health Act.”
“(2) In Part X (Miscellaneous and Supplementary), after section 133 insert— ‘ 133A Duty to establish carer liaison service (1) The managers of every hospital providing services under this Act must establish and maintain a dedicated carer liaison service.”