Article 14 – Liberty and security of the person: National legislation is permitting a rising number of disabled people to be deprived of their liberty on the basis of disability Compulsory detention and treatment the Mental Health Act 1983 has increased significantly, particularly over the last decade. Compulsory Treatment Orders (CTOs) were used 4564 times in 2014-15 despite the intention that they would only be used 400-600 times. In England and Wales 206,010 individuals were the subject to at least one active Deprivation of Liberty Safeguards application under the Mental Capacity Act 2005 in 2014/15. Over half were people with dementia, and a significant minority were adults with learning disabilities. The Law Commission for England and Wales has noted advice by the UN High Commissioner on Human Rights that to comply with the CRPD, legal grounds for detention must be ‘“de-linked from the disability and neutrally defined so as to apply to all persons on an equal basis”. It concluded that ‘it is difficult to see that the Mental Capacity Act (or indeed all mental health and capacity law in the United Kingdom) is remotely compliant with the CRPD.’ The Mental Health Act (1983) (England and Wales) and Scottish Mental Health Act (2007) are completely non-compliant with the CRPD as they permit or require compulsory detention and treatment on grounds that include disability (mental disorder). Article 16 – Freedom from torture, inhuman or degrading treatment and punishment: The use of restraint, seclusion and medication in care settings is commonplace. This particularly applies to mental health treatment settings and care settings for adults with learning disabilities. Evidence demonstrates that anti-psychotic and anti-depressant drugs are being routinely and inappropriately prescribed to persons with learning disabilities and there is growing concern about the inappropriate use of antipsychotic drugs for dementia patients living in residential or nursing care homes. Immigration detention violates the rights of persons with mental health problems Evidence strongly suggests that significant numbers of detained under immigration rules in England and Wales experience acute mental
Suggested question: Can the State Party outline the steps it is taking to increase the availability of British Sign Language interpreters? Article 23 - Respect for home and the family Segregation and isolation from family and community Significant numbers of inpatients with learning disabilities or mental health problems, including those deprived of their liberty, frequently spend long periods at considerable distance from their families and home communities.,,, Suggested question: Can the State Party outline the steps it is taking to develop alternatives for the treatment and support of disabled people that prevent their isolation and segregation from the wider community? Separation of children from disabled parents is much variation across the country in relation social care practice, and court decisions regarding parents with learning disabilities and their children (and also in relation to parents with mental health conditions and other impairments). In one local authority about one in six family court proceedings involved at least one parent with a learning disability, and in around 75% of these cases the children were permanently removed. Another study, however, found that children were permanently removed from their families in less than one fifth of cases involving parents with learning disabilities. Most of these children were fostered rather than adopted. Suggested question: Can the State Party outline the steps it is taking to ensure that policy and practice concerning child protection consistently respects the rights of disabled parents to family life? Disabled children in care The UN Committee on the Convention on the Rights of the Child (UNCRC) has expressed concern about the increased number of disabled children in alternative care settings. While sufficient data is not collected to determine the exact number of disabled children who are looked after there is evidence that they are more likely to be looked after, remain in care for longer and have a higher risk of being placed