TY - JOUR
T1 - England and Wales draft Mental Health Bill
T2 - Implications for people with intellectual disabilities
AU - Taylor, John L.
AU - Burrell, Carole
PY - 2023/3/1
Y1 - 2023/3/1
N2 - The draft Mental Health Bill published by the UK Government in July 2022 aims to reform mental health legislation in England and Wales. One significant proposal is to remove intellectual disability and autism from the scope of the legislation in all but a limited number of circumstances. The basis for this proposed change is not clear and there are no plans to introduce alternatives to the current legislation for people with intellectual disabilities and autism whose behaviour is challenging and present significant risks to themselves or others. This paper examines the implications of these proposals for people with intellectual disabilities. It considers the New Zealand experience as the only other common-law jurisdiction to implement a similar legislative change. Links to the government's Transforming Care de-institutionalisation programme and associated policies are explored and calls for a review of this approach are set out.
AB - The draft Mental Health Bill published by the UK Government in July 2022 aims to reform mental health legislation in England and Wales. One significant proposal is to remove intellectual disability and autism from the scope of the legislation in all but a limited number of circumstances. The basis for this proposed change is not clear and there are no plans to introduce alternatives to the current legislation for people with intellectual disabilities and autism whose behaviour is challenging and present significant risks to themselves or others. This paper examines the implications of these proposals for people with intellectual disabilities. It considers the New Zealand experience as the only other common-law jurisdiction to implement a similar legislative change. Links to the government's Transforming Care de-institutionalisation programme and associated policies are explored and calls for a review of this approach are set out.
KW - Autism
KW - Draft Mental Health Bill
KW - Intellectual disabilities
KW - Legislative reforms
KW - Transforming care
KW - Unintended consequences
UR - http://www.scopus.com/inward/record.url?scp=85147833067&partnerID=8YFLogxK
U2 - 10.1016/j.ijlp.2023.101868
DO - 10.1016/j.ijlp.2023.101868
M3 - Editorial
AN - SCOPUS:85147833067
VL - 87
JO - International Journal of Law and Psychiatry
JF - International Journal of Law and Psychiatry
SN - 0160-2527
M1 - 101868
ER -