Response to Monitoring the Mental Health Act 2012/13 report

Jan Tregelles, chief executive of Mencap and Vivien Cooper, chief executive of The Challenging Behaviour Foundation, respond to the CQC’s Monitoring the Mental Health Act 2012/13 report:

“It is clear from the CQC report that urgent change is needed to ensure people detained or treated under the Mental Health Act (MHA) get the least restrictive care possible, and that the use of restraint and seclusion is kept to a minimum. We are deeply worried that despite this being required by the law, it is not happening in practice.

“The report contains some shocking examples of the use of restraint and seclusion in units for people with a learning disability. Two and a half years after the scandal at Winterbourne View, where people with a learning disability were victims of abuse and inappropriate use of restraint, it is unacceptable that not enough has changed.

“We welcome the CQC’s commitment to making sure everyone detained under the MHA is supported using person centred approaches and cared for in the least restrictive way possible. To make this a reality for people with a learning disability, commissioners, providers, health and social care professionals and the CQC will need to focus on the specific needs of this particularly vulnerable group of people who often can’t speak up for themselves.

“People with a learning disability who display behaviour that challenges must be treated with dignity and respect and their needs understood. It is crucial that the support they receive is underpinned by the principles of positive behaviour support and that barriers to accessing independent advocacy and legal representation are removed.”

For more information please download the full press statement.

The CQC's report is available here:


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