Mental Health Bill [Lords]

Debate between Stephen Kinnock and John Glen

Report stage
Tuesday 14th October 2025 Commons Chamber

[Stephen Kinnock]

I can give my hon. Friend that assurance. One of the core purposes of this Bill is to ensure that we catch such issues, particularly around the identification of children in cases where parents are required to be detained. We will reaffirm that children should be treated in the least restrictive, most age-appropriate environment and close to home and family, and that all services would work towards alternatives to admission, such as day care and intensive home treatment, with better support for visits, including with dedicated family areas and overnight stays. We have committed £75 million for systems to invest in reducing out-of-area placements, and I am pleased to report that the number of children placed on adult wards is now decreasing, and that trend must continue.

We have also committed in the Bill to reviewing the existing CQC notification requirements, including whether notification should be extended to other incidents and whether the time period remains appropriate. We will work with families, clinicians and MPs as part of that review. Indeed, following recent conversations with my hon. Friends the Member for Isle of Wight West and for Lowestoft (Jess Asato), I have asked officials to host a roundtable next month with Members and experts on how we can provide greater clarity in the code. The focus will also be on NHS England’s service specifications and regulations on the placement of children and young people in adult wards, including determining if a placement is suitable.

The revised code, on which we will engage extensively with—among others—children and their families and carers, will provide further opportunities to address concerns raised in amendments 33 and 39 and new clause 28. The code will also address the issue of competency. We believe that that is more appropriate than a test for competency in the Act, as proposed in new clauses 15 and 25.

[John Glen]

Will the Minister give way?

[Stephen Kinnock]

I will, but can the right hon. Gentleman please make his intervention very short?

[John Glen]

I am grateful to the Minister, and I am also grateful to him for what he said about my constituent. There are so many codes of best practice, and so many guidelines. Can he say a little more about what force the code would have, so that we can have some reassurance that the risks that were so tragic in the case of my constituent will be eliminated?

[Stephen Kinnock]

The code of practice will be statutory. It is better to have these provisions in the code, because clinical practice evolves, and it is much easier to revise a code of practice than to go through primary legislation.

We understand the concerns expressed about young carers in new clauses 26 and 27, and recognise that despite existing duties, the right questions are not always being asked to identify children when someone is detained. While we do not agree that additional legal duties are needed, especially as multi-agency working is already being strengthened through the Children’s Wellbeing and Schools Bill, we do agree that we need to make the requirements more explicit. The revised code of practice will therefore specify that when someone is detained, steps must be taken to identify the children of the patient. Information about support that is available must be shared, and if a young carer’s needs assessment is required, the appropriate referral must be made.