Mental Health Bill [Lords]

Debate between Jen Craft and Anna Dixon

Report stage & 3rd reading
Tuesday 14th October 2025 Commons Chamber

[Jen Craft (Thurrock) (Lab)]

Thank you very much, Madam Deputy Speaker—I will be as brief as possible. I will speak to new clause 37, which stands in my name and which seeks to support the Government in ending the scandal of the inappropriate detention of people with a learning disability and/or autism. I declare an interest as the chair of the all-party parliamentary group on learning disability.

Currently, a learning disability or autism, in and of itself, can be grounds for detention under the Mental Health Act. As we all know, this is an absolute scandal—something from a previous age that should be a source of moral shame to everyone in our community. The Bill seeks to address this by removing autism or a learning disability, in and of themselves, as criteria for detention under the Mental Health Act. That offers a lifeline—a light in the tunnel of darkness that a number of people who are detained under the current Act face.

However, the impact assessment for the Bill states that the proposed changes to the detention criteria in clauses 3 and 4

“will only be switched on when systems are able to demonstrate sufficient level of community support”.

The families and carers of those have a learning disability or autism and who are detained under the Mental Health Act, and the organisations that support them and people who advocate for them, know that too often this vulnerable group of people are pushed to the bottom of a list of competing priorities, and very often slide off it.

We know that this Government and the Department of Health and Social Care have a number of competing priorities to deliver on, and the concern for people who fall into this bracket under the legislation is that their concerns just will not be addressed and that this absolute scandal will continue in perpetuity. People who have a learning disability or autism will be detained because our community services just are not up to snuff; we have so categorically failed them that the only thing we can think to do is to lock them away from society.

[Anna Dixon]

Will my hon. Friend give way?

[Jen Craft]

I will not, because I am aware that I am almost out of time.

My new clause would ensure that the Government have to set out, within six months of this Bill receiving Royal Assent, a road map that engages in a co-productive way with people with learning disabilities or autism, their advocates and organisations that champion their rights. The road map will design what they need to support them to lead independent dignified lives in the community, and there will be a report every year to say how we are getting community services to a sufficient place so that these much-needed clauses in the Bill can be switched on.

This Bill updates mental health legislation and brings it into the 21st century. It is only right that it does so for everyone in our society, including the most vulnerable.

Mental Health Bill [ Lords ] (Ninth sitting)

Debate between Jen Craft and Anna Dixon

Committee stage
Tuesday 24th June 2025 Public Bill Committees

[Jen Craft]

My hon. Friend is absolutely right. The crucial purpose of the new clause is to ensure that the use of restraint is recorded at all times, as well as highlighting that quite often the restraint may be carried out not by a member of the medical staff, but by hospital security, for example. I think we can only imagine the real horror and force involved in that.

[Anna Dixon]

I thank my hon. Friend for drawing attention to this gap in the current law. Would she acknowledge that there is now evidence that the use of restraint and restrictive interventions can have serious long-term effects on a patient’s health and wellbeing? Indeed, there can also be an impact on those staff members who are required to carry it out, often with poor training.

[Jen Craft]

I completely agree. The long-term implications and impacts of restraint on health and wellbeing have been widely documented and acknowledged. It is vital, if a patient is subjected to these measures, that their use is recorded and the patient, in turn, can understand why.

The Committee has spent significant time talking about the importance of patient inclusion in their treatment plans. Earlier clauses, which I will not revisit at length, deal with the importance of enabling patients to select how and where they are treated, as well as advance choice documents. They are vital to the patient experience, because they involve and include them in how they are treated. We acknowledge that such involvement has a massive impact on the patient’s ability to heal, get better, recover from their mental illness and, in some cases, get well enough to go home. It is vital, if people are subject to restraint and the use of force, that it is recorded in an appropriate manner.

This new clause seeks to mandate the recording of its use by staff, as well as information such as the member of staff who applied the force, whether they are medical, and, vitally, demographic data. My hon. Friend the Member for Southend East and Leigh—I hope I have that right—

Mental Health Bill [ Lords ] (Fourth sitting)

Debate between Jen Craft and Anna Dixon

Committee stage
Thursday 12th June 2025 Public Bill Committees

[Jen Craft]

I welcome the hon. Member’s intervention. On Tuesday we discussed clauses on who can be detained and when, and earlier today we discussed the necessity of detention, and there was some debate about the amendment in the other place. Other bits of the Bill focus on when it is necessary to detain an individual for public safety and not just for their own treatment; I will not re-litigate who should be performing that function, but earlier clauses deal with that.

The importance of this clause is the patient perspective. There is a significant stigma associated with severe mental illness. I have been reticent about my own conditions in the past because of that, and because of how I would be perceived. It has been particularly hard to be open about the fact that I might be subject to in-patient mental health treatment; I probably see that as a likelihood in my future at some point, although I hope it is not and I work very hard every single day to avoid that. However, it is important that there is a part of the Bill that speaks to me as an individual. I speak to the Committee today as an articulate individual—I do not want to say intelligent; I will not blow my own trumpet—who can say what treatment option I would like.

It is incredibly important to recognise that people who are subject to detention under the Bill are individuals who have opinions on their treatment. I have lived with these conditions for the best part of two decades, and the biggest expert on them is me. If I was in a mental health crisis, I might not be in a place to articulate the best treatment for me, but right now I can say what works. I will not go into that, because it is private, but I know that the best course of care for me would involve someone taking advantage of my knowledge of my condition and working with me to allow me to get the care I need to get better.

The point is that the clause’s stand-alone focus on the patient experience deals with some of that stigma. It puts the patient’s experience at the heart of treatment, it speaks to some of the issues mentioned about what happened in Essex, which is now the focus of the Lampard inquiry, and helps to deal with some of that. It sees us as individuals.

[Anna Dixon]

I commend my hon. Friend for her honest account of her personal experiences and thank her for bringing that experience into our discussion of the Bill. It is absolutely right that the welfare and wellbeing of individuals who are living their lives, at such distressing times as when they need mental health support, should be at the heart of the Bill. I want to acknowledge her contribution to the debate.

[Jen Craft]

I thank my hon. Friend for her kind words.

That concludes what I was trying to get at: the importance of a clause in the Bill that is focused on patient experience. Understanding and acknowledging the sheer importance of that person’s experiences, and the value that brings to their care plan, cannot be overestimated. I hope that members of the Committee will support the clause, because it represents quite a sea change in how people subject to treatment under the Mental Health Act are treated.