Mental Health Bill: Legislative Scrutiny

Luke Evans Excerpts

Thursday 22nd May 2025 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister.

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

I commend the hon. Member for Bracknell (Peter Swallow) and his Committee for the report. We on the Opposition Benches will be looking favourably at it, especially as the Bill goes into Committee. I have one technical question. He talked about restraint for people who have autism and learning disabilities. Currently, the timetable for working out whether they have a mental health disorder or it is related to their condition is 28 days. Did his Committee look at that from a human rights perspective, to see whether it is the right time in which to make that assessment?

[Peter Swallow]

We did look at whether the process for assessing people was appropriate, and that issue came up. It is one where the individual’s human rights are exercised, and we must strike a careful balance between the need to protect them and those around them and to ensure that the deprivation of liberty is only ever a last resort. Off the top of my head, I seem to remember that the report finds that the balance currently struck is appropriate, albeit it is one that the Government should look at. If I have got that wrong, I will happily correct the record.