Mental Health Bill could strip safeguards from people with autism and learning disabilities, experts warn
By: Communications
A group of leading mental health professionals and carers have voiced serious concerns over proposed reforms to the Mental Health Act, currently being discussed in parliament.
The changes aim to restrict the use of compulsory hospital detention for people with autism and learning disabilities.
But a consensus statement published today warns that proposals set out in the Mental Health Bill could lead to unintended and harmful consequences – including greater risk of criminalisation, homelessness, and reduced access to care.
Study at Norwich Medical School
Consensus statement
The British Journal of Psychiatry paper is authored by a group of 25 experts, psychiatrists and carers with significant collective expertise in this area.
Lead author Dr Beazley from the University of East Anglia is a clinical associate professor and clinical psychologist, with experience working in inpatient mental health settings. He is also involved in research, teaching and training in the clinical applications of Mental Health Law.
He said: “Most autistic people or people with a learning disability present no risk to others. But in some cases, risk-related behaviours - such as fire-setting or stalking - require effective and responsive care. Hospital detention is currently a key mechanism to prevent harm and support people’s recovery.
More likely to go to prison
“The proposed changes mean that autistic people or those with a learning disability, would be more likely to go to prison because they can no longer be detained under the Mental Health Act.
“There are many positive intentions behind these reforms, but the current proposals risk creating more problems than they solve. Compulsory care for people with autism or learning disabilities must improve, but this is not the way to do it.
“Without access to hospital detention, individuals experiencing crises may face unmanaged escalation of risk in the community, leading to arrest and imprisonment.
“If these proposals go ahead, then the group who these changes are intended to protect may in fact be directly and significantly disadvantaged.
“We are at risk of replacing hospital-based detention with deprivations of liberty that are even less transparent, less safeguarded, and more harmful. We are also at risk of sending more people with autism and learning disability to prison.”
Reforms rolled back in New Zealand
Drawing on international comparisons, the paper points to New Zealand’s experience with similar legislative reforms. After changes to its mental health laws, several people with learning disabilities committed serious offences following unsupervised community release.
New Zealand has subsequently rolled back these reforms.
The Bill is currently being scrutinised by the public bill committee, who are expected to report to the House by Thursday, June 26.
The changes have been criticised for potentially forcing professionals to rely on weaker legal frameworks, such as the Deprivation of Liberty Safeguards (DoLS).
These alternative mechanisms lack key protections, including robust rights to appeal, automatic tribunal review, and funded aftercare support under Section 117 of the current Act.
Recommendations:
- Removing Clause 3 from the legislation, which allows for detention for treatment.
- Developing clearer, research-based definitions of autism and other clinical conditions which can be applied effectively in law.
- Retaining or expanding legal routes to care for individuals as an alternative to arrest.
- Learning from the unintended consequences of international policy changes, particularly those seen in New Zealand.
The authors also call for urgent consultation and further research before any changes are implemented.
‘The Mental Health Bill (2025) for England and Wales: A professional and carer consensus statement summarising concerns and unintended consequences from proposed changes to Autism and Learning Disability’ has been peer reviewed and published on the PsyArXiv preprint server. It is due to be published in the British Journal of Psychiatry imminently.
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