The detention of young people with learning disabilities and/or autism

Contents

Summary

1 Introduction

Background to the inquiry

Scope and terminology

2 Transforming Care

Background

Progress to date

NHS Long Term Plan

Other relevant policy developments

Political accountability

3 Ending harmful detention

Why are people detained?

Failure to support young people and families

Routes into detention

Impact of detention

Lack of alternative community provision

Funding disincentives

Conclusion

Care and Treatment Reviews and Care, Education and Treatment Reviews

4 The legal framework for detention

Convention rights

The Equality Act 2010

International human rights treaties

Deprivation of liberty

When can a person be lawfully deprived of their liberty?

Deprivation of liberty on grounds of mental health or mental capacity

Deprivation of liberty on a “voluntary” basis

The lawfulness of deprivation of liberty where appropriate treatment is unavailable

Conclusion

5 Families as human rights defenders

Denial of young people and families’ voices

Breakdown of relations between professionals and families

Attempts to silence families

Young people without family support

Conclusion

6 Conditions in places of detention

Restrictive interventions

Solitary Confinement

Physical restraint

Medical restraint

Conclusion

Family contact during detention

Deaths in Assessment and Treatment Units

7 The Care Quality Commission

Whorlton Hall

The ‘2015’ draft report

‘Closed cultures ‘

St. Andrew’s

A wider problem?

Analysis of information provided by CQC and NHS Digital

Responding to concerns from individuals and families

A responsive regulator?

Role of NHS Commissioners

Conclusion

8 The way forward

Conclusions and recommendations

Declaration of interests

Formal minutes

Witnesses

Published written evidence

List of Reports from the Committee during the current Parliament




Published: 1 November 2019