Mental Health Act or Mental Capacity Act? What’s the Right Approach for Autistic People and People with Learning Disabilities detained in Assessment and Treatment Units?
9 
September 
2019
7:00pm 

Andrew Tucker

Group Chief Executive & Partner

Hosts
Help
Mental Health Act or Mental Capacity Act? What’s the Right Approach for Autistic People and People with Learning Disabilities detained in Assessment and Treatment Units?
Monday 
9 
September 
2019
7:00pm 

About the event

Join us for a panel discussion around the issue of whether the Mental Health Act is being appropriately used for autistic people and people with learning disabilities currently being detained in mental health in-patient units. We will also consider whether the Mental Capacity Act provides an appropriate alternative legal framework and which of the two Acts offer the appropriate level of safeguards.


There are over 2,000 autistic people and people with learning disabilities currently detained in mental health in-patient units, often referred to as ‘Assessment and Treatment Units’ or ‘ATUs’. Despite many government initiatives, this number hasn’t reduced significantly for many years, leading to increasingly urgent calls for reforms of the Mental Health Act and the way in which it’s applied to people detained in ATUs.


It is widely acknowledged  that many of those detained in ATUs would be better placed in the community with appropriate support and care to allow them to live full lives in their own homes. However at this time many individuals are remaining in ATUs for far longer than is necessary; this is down to a combination of factors, including the lack of appropriate community provision, a lack of funding and the complexities arising from multiple agencies being responsible for healthcare, social care and housing.

During the session we will reflect on the complex nature of the line between the two Acts, as well as the evidence and reports produced since the ten years of the abuse at Winterbourne View was exposed. We will examine this from a legal, medical and family perspective, and aim to explore new approaches to addressing these issues.


In this session you will hear from a number of speakers with a medical, legal or lived in experience background:

· Ann Earley, parent and campaigner

· Ben McCormack barrister, Garden Court North Chambers

· Dr Chris Ince, Consultant Psychiatrist and Independent Expert

· Isabelle Garnet, expert by experience advisor on NHSE’s LDA Autism Task Force Delivery Group

· Kirsty Stuart, Associate, Public Law

Hosts

Meet our key experts.

Kirsty Stuart

Associate Solicitor,

Public Law

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