Mental Health Bill [HL]

Baroness Hollins Excerpts

Monday 24th November 2025 Lords Chamber

Apart from that, the really important point raised by the noble Baroness, Lady Berridge, is that if there is an extant special guardian, then Section 14C of the Children’s Act gives that person priority to the exclusion of other people in the exercise of parental responsibility. With respect to the Minister, that is not a question of nuance but a matter of law, which should be reflected in the Bill.

[Baroness Hollins (CB)]

My Lords, I want to acknowledge the extensive discussions about how the Act will apply to people with learning disabilities and autistic people. We know that Clause 3 will not be switched on until sufficient community support is in place. Developing the right community support is key to ensuring that people with learning disabilities and autistic people are supported well in the community and not inappropriately detained.

On Report in the other place, Minister Kinnock committed to work with people with lived experience and other stakeholders to set out a road map for change. The excellent House of Lords Select Committee report, Time to Deliver: the Autism Act 2009 and the New Autism Strategy, which was published yesterday, also calls for

“a clear timeline and roadmap for strong community services to be put in place, so that provisions in the Mental Health Bill to prevent the unnecessary detention of autistic people and people with a learning disability can be commenced”.

When will the Ministers begin meeting people with lived experience and stakeholders to develop the road map? What progress have His Majesty’s Government made in determining what sufficient community support is and how this will be assessed, particularly given that in October there were still more than 2,000 autistic people and people with a learning disability in hospital in England, 92% of them being detained under the Mental Health Act? According to NHS Digital data, only 19% of local areas have achieved the March 2024 target to reduce the number of in-patients. It is worrying. Are ICBs on track to meet the 2026 target of a further 20% reduction?

[Baroness Buscombe (Con)]

My Lords, I entirely support my noble friend Lady Berridge. Following on from the noble Lord, Lord Meston, this is a really important issue in relation to my noble friend’s amendment. It is unfortunate that this issue was not put out to consultation because there is a lack of clarity. It would be otiose to repeat anything that either noble Lord has already said, but I urge the Minister—and I know she is a very good listener—to consider this issue a little further, given that this moment for the child or young person is so critical. Unless there is clarity, unless it is in the Bill and unless this issue of discretion versus mandating to support the role of the AMHPs is sorted out in the primary legislation, it will be very difficult to reflect that in any statutory code of practice.