detained is that they have a 'mental disorder' (which includes
Asperger's Syndrome and learning disabilities); this applies even
if they have capacity (the ability to make their own decisions) and
in some cases, having a childhood diagnosis of Asperger's has
allowed people to be forcibly detained for months despite having
iii) Mind, a mental health charity, has argued that detaining people
based on disability is discriminatory, and in breach of the UN
Convention on the Rights of Persons with Disabilities; it has
called for replacing the 'mental disorder' test with a 'mental
capacity' test, as defined in the 2005 Mental Capacity Act.
iv) A person with a 'mental disorder' who commits a serious crime
can be placed under a Restriction Order, which restricts them
to hospital for their whole life unless it is lifted by the Justice
Secretary or a tribunal; this applies even if their treatment team
consider them to be clinically safe, resulting in people potentially
being detained, rather than treated, for their whole lives.
Conference believes that:
a) A person with a 'mental disorder' should not have fewer rights
than a person without one.
b) Everyone has the right to control their own body - a person
should not be forced to receive treatment unless they don't have
the capacity to make that decision.
c) Detaining people on the basis of 'mental disorder', rather than
capacity, is discriminatory, contributes to stigma and discourages
people from being open about their mental health.
Conference reiterates its support for the Liberal Democrat policy of
ensuring that mental health services are fully funded and given parity
of esteem with physical health services, so that people can be given
care without unnecessarily having to be detained.
Conference calls on the Government to reform the Mental Health Act
to ensure that:
1. The 'mental disorder' test for involuntary detention and
treatment is replaced with a 'mental capacity' test, so that a
person cannot be involuntarily detained or treated unless they
lack capacity, as defined in the Mental Capacity Act.
34 AGENDA AUTUMN CONFERENCE 2018
Sunday 16 September