National Preventive Mechanism Eleventh Annual Report 2019–20
MWCS published a themed visit report,
Autism and complex care needs, in October
2019. This was based on visits undertaken
in the previous year. The report made a
number of recommendations including:
reducing the use of medication for
managing behaviours seen as challenging;
addressing issues about the use of restraint
and seclusion; and addressing the issue
of delayed discharges which in many
cases compromised human rights as
enshrined in Article 19 of the United Nations
Convention on the rights of Persons with
Disabilities (UNCRPD).141 MWCS completed
an investigation and published a report
in September 2019 which examined a
case in which a woman with learning
disabilities and other care needs, who
had been admitted to hospital following
a neck fracture, was not discharged from
hospital until 18 months after she had been
deemed fit to leave. The Commission felt
this delay impacted on her human rights.
The dispute arose primarily because the
health and social care partnership believed
the woman should move to a care home,
while the family wanted her to return
home (where she eventually returned and
now lives successfully with the support
of her family and social care). The report
contains recommendations for the specific
organisation involved, and for similar
organisations across Scotland.142
In England, NHS data shows that in 201920 there were more than 50,893 new
detentions under the Mental Health Act,
with an estimated overall increase of 0.8%
from last year. Among the five ethnic groups,
known rates of detention for the ‘Black or
Black British’ group were over four times
those of the ‘White’ group. Among age
groups, the detention rates for the 18-34
group were 40% higher than those in the
50-56 group.143
In May 2019, CQC published its interim report
of the review of restraint, prolonged seclusion
and segregation for people with a mental
health problem, a learning disability and/or
autism.144 This report shares findings from
visits to 35 wards where it assessed the care
of 39 people. It focuses on the experience
of those people cared for in segregation
on a mental health ward for children and
young people or on a ward for people with a
learning disability or autism. Findings showed
that: many of the people visited had, since
childhood, been communicating their distress
and needs in a way that neurotypical people
may find hard to understand, and services
were unable to meet their needs; a high
proportion of people in segregation had
autism; some of the wards did not have a
built environment that was suitable for people
with autism; and many staff lacked the
necessary training and skills. CQC also found
that several people visited were not receiving
high quality care and treatment, while some
were experiencing delayed discharge from
hospital, and therefore prolonged time in
segregation, due to there being no suitable
package of care available in a non-hospital
141 MWCS, October 2019, Autism and complex care needs, https://www.mwcscot.org.uk/news/more-support-neededpeople-autism-and-complex-needs [accessed 30/10/2020]
142 MWCS, September 2019, Investigation into a delayed discharge - Ms ST, https://www.mwcscot.org.uk/news/
investigation-delayed-discharge-ms-st [accessed 24/08/2020]
143 NHS Digital, October 2020, Mental Health Act Statistics, Annual Figures 2019-20, https://digital.nhs.uk/data-and-information/
publications/statistical/mental-health-act-statistics-annual-figures/2019-20-annual-figures [accessed 01/12/2020]
144 CQC, May 2020, Interim report: Review of restraint, prolonged seclusion and segregation for people with a mental health
problem, a learning disability and or autism, https://www.cqc.org.uk/publications/themed-work/interim-report-reviewrestraint-prolonged-seclusion-segregation-people [accessed 24/08/2020]
46
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