On 14 October 2025, the Mental Health Bill moved forward in the House of Commons. This is a big deal – it’s the government’s chance to modernise a law that’s over 40 years old, make mental health care fairer, and put people’s rights front and centre. But what does this mean for autistic people, those with learning disabilities, their families, and the professionals who support them? Let’s break it down.

 

Why the Mental Health Act Needed an Update

The Mental Health Act 1983 (MHA) has been guiding care for decades, but it’s outdated. It hasn’t kept pace with modern understanding of autism, learning disabilities, or mental health. The new Bill is trying to:

• Modernise mental health law
• Achieve parity between mental and physical health services
• Reinforce patient autonomy and human rights
• Expand access to mental health support across public and private sectors

We welcome the government’s intention to ensure autistic people and those with learning disabilities are not detained solely because of their diagnosis. However, clear safeguards and community-based support are essential to prevent unintended harm,” says the National Autistic Society.

The Numbers: Why Change Is Urgent

The statistics are sobering:

• 2,025 autistic people and individuals with learning disabilities are in mental health hospitals in England
• 1,470 (73%) are autistic
• Detentions have increased by 142% since 2015
• The average stay is 4.6 years, with many experiencing overmedication, seclusion, or restraint

These numbers show that without change, autistic people and their families can remain trapped in a system that doesn’t always meet their needs.

Key Reforms for Autistic People and People with Learning Disabilities

The new Bill introduces some important protections:

• Redefining “mental disorder” so autistic people and those with learning disabilities cannot be detained under Section 3 unless there’s a co-occurring psychiatric disorder
• Raising the threshold for detention—detention must be necessary to prevent serious harm
• Reducing initial detention from six months to three months
• Replacing the nearest relative with a nominated person chosen by the patient
• Statutory care and treatment plans, plus Advance Choice Documents (ACDs)
• Expanding advocacy services and removing prisons/police cells as “places of safety”

The Joint Committee on Human Rights warns: “…detention in the absence of individualised, therapeutic treatment risks violating the Article 5 ECHR right to liberty and may even result in degrading treatment contrary to Article 3 ECHR.”

Why Some Perspectives Are Outdated

Earlier discussions about reform assumed that hospital detention would remain the main pathway. But the Bill is shifting towards community-based, patient-centred care, including:

• Dynamic support registers to identify people at risk
• Advance Choice Documents (ACDs) so people can state their treatment preferences
• Statutory care and treatment plans that keep care personalised and accountable

The implementation will be phased over several years, with some changes coming sooner (like dynamic support registers), and others, such as Section 3 detention criteria changes, taking longer.

How You Can Get Involved

The Bill is still progressing, and your voice matters. Share your experiences, join community discussions, and stay informed. Together, we can build a mental health system that:

• Respects your rights
• Provides care when it’s truly needed
• Empowers autistic people and their families