Article 14 Liberty and security of the person: – National legislation is permitting a rising number of disabled people to be deprived of their liberty on the basis of disability Compulsory detention and treatment the Mental Health Act 1983 has increased significantly, particularly over the last decade. Compulsory Treatment Orders (CTOs) were used 4564 times in 2014-15 despite the intention that they would only be used 400-600 times. In England and Wales 206,010 individuals were the subject to at least one active Deprivation of Liberty Safeguards application under the Mental Capacity Act 2005 in 2014/15. Over half were people with dementia, and a significant minority were adults with learning disabilities. The Law Commission for England and Wales has noted advice by the UN High Commissioner on Human Rights that to comply with the CRPD, legal grounds for detention must be from the disability and ‘“de-linked neutrally defined so as to apply to all persons on an equal basis”. It concluded that is difficult to see that the Mental Capacity Act (or ‘it indeed all mental health and capacity law in the United Kingdom) is remotely compliant with the CRPD.’ The Mental Health Act (1983) (England and Wales) and Scottish Mental Health Act (2007) are completely non-compliant with the CRPD as they permit or require compulsory detention and treatment on grounds that include disability (mental disorder). Article 16 Freedom from torture, inhuman or – degrading treatment and punishment: The use of restraint, seclusion and medication in care settings is commonplace. This particularly applies to mental health treatment settings and care settings for adults with learning disabilities. Evidence demonstrates that anti-psychotic and anti-depressant drugs are being routinely and inappropriately prescribed to persons with learning disabilities and there is growing concern about the inappropriate use of antipsychotic drugs for dementia patients living in residential or nursing care homes. Immigration detention violates the rights of persons with mental health problems Evidence strongly suggests that significant numbers of detained under immigration rules in England and Wales experience acute mental
Article 14 – Liberty and security of the person: National legislation is permitting a rising number of disabled people to be deprived of their liberty on the basis of disability Compulsory detention and treatment the Mental Health Act 1983 has increased significantly, particularly over the last decade. Compulsory Treatment Orders (CTOs) were used 4564 times in 2014-15 despite the intention that they would only be used 400-600 times. In England and Wales 206,010 individuals were the subject to at least one active Deprivation of Liberty Safeguards application under the Mental Capacity Act 2005 in 2014/15. Over half were people with dementia, and a significant minority were adults with learning disabilities. The Law Commission for England and Wales has noted advice by the UN High Commissioner on Human Rights that to comply with the CRPD, legal grounds for detention must be ‘“de-linked from the disability and neutrally defined so as to apply to all persons on an equal basis”. It concluded that ‘it is difficult to see that the Mental Capacity Act (or indeed all mental health and capacity law in the United Kingdom) is remotely compliant with the CRPD.’ The Mental Health Act (1983) (England and Wales) and Scottish Mental Health Act (2007) are completely non-compliant with the CRPD as they permit or require compulsory detention and treatment on grounds that include disability (mental disorder). Article 16 – Freedom from torture, inhuman or degrading treatment and punishment: The use of restraint, seclusion and medication in care settings is commonplace. This particularly applies to mental health treatment settings and care settings for adults with learning disabilities. Evidence demonstrates that anti-psychotic and anti-depressant drugs are being routinely and inappropriately prescribed to persons with learning disabilities and there is growing concern about the inappropriate use of antipsychotic drugs for dementia patients living in residential or nursing care homes. Immigration detention violates the rights of persons with mental health problems Evidence strongly suggests that significant numbers of detained under immigration rules in England and Wales experience acute mental
CRPD-shadow-report-GB-Jan-2017.docx