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

capacity.

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

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Sunday 16 September

Sunday