The Government has promised to go ahead with its proposals to change mental health law in England and Wales. Importantly, for autistic people, this includes: 

• finding the best way to change the definition of “mental disorder” in the Mental Health Act so it no longer includes autism 
• introducing a duty to provide adequate community services  
• making Care and Treatment Review actions enforceable. 

Find out more in the Government’s consultation response.

We and hundreds of thousands of campaigners have been calling for these reforms for years, so the law respects autistic people’s rights. We hope this will mark a huge step forward in the campaign to stop the scandal of autistic people being stuck in inpatient mental health hospitals. 

The urgency of this has been underlined this week by new NHS data showing that in June 2021 there were: 

• 2,075 autistic people and people with learning disabilities in inpatient mental health hospitals
• 1,200 (58%) of these people are autistic. 

Despite some progress moving people with a learning disability out of hospital and into the community, the number of autistic people in inpatients facilities has increased. In 2015, autistic people made up 38% of the number in hospital. Now it is 58%, making the need to get this right more pressing than ever. 

It’s right that the Government is taking action. But it’s important to remember that the reforms  will take years to come into force. There will need to be a new law to amend the Mental Health Act and that will have to be voted on in Parliament.  

Crucially, changing the law won’t on its own end the scandal of autistic people being stuck in mental health hospitals. The Government and NHS need to stop autistic people reaching crisis in the first place, by investing in better social care and mental health services that work for autistic children and adults. 
 

Further information 

• Read our news story on the changes to the Mental Health Act earlier this year. 
• Read Alexis’ story about being “locked inside” various mental health hospitals for three years. 
• Read our information, advice and guidance about autism and mental health. 
• Find out about our specialist helplines/casework services and other help and support. 
• Find out about our Autism Inpatient Mental Health Casework Service, which provides confidential advice and support autistic people at risk of going into inpatient units or stuck in them – or their families.