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     No voice unheard, no right ignored

    a consultation for people with learning

    disabilities, autism and mental health

    conditions

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    The new Green Paper 

    • Is a consultation from the

    Government

    • In it are ideas that might

    become law

    • Before this happens, the

    Government have to ask

    everyone what they thinkabout the ideas and get

    their feedback

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    What is the timescale?

    The consultation runs for 12weeks and began on the th 

    !arch 2"1#

    It ends on 2$ !ay 2"1#

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    What is the new green paper

    about?

    It aims to give people with

    learning disabilities,

    autism and mental health

    problems more rightsabout the care they get

    and the way they are

    treated by the %&' and

    the care system(

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    Care and Support Minister Norman

    Lamb MP

    • People are in charge, supported

    by family and friends• People are included and are

    independent in the community

    • People have the right care in

    the right place• That there is very clear

    accountability and responsibility

    throughout the system

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    Gavin arding M!"

    ‘’I hope to see this paper

    changing a lot of things for

     people with learning disabilities,

    mental health needs or autismabout some of England’s worst

    care.’’ 

    ‘’Mae the lives of all peoplewith disabilities a good life

    without barriers.’’ 

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    The vision

     )ll disabled people, including thosewith learning disability, autism or

    mental health needs, have a right to

    lead their life like anyone else, with

    the same opportunities and

    responsibilities and to be treated withthe same dignity and respect(

    *eople and their families and carers

    are entitled to the same rights asothers(

     )ll services should first and foremost

    see the person and their potential(

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    Wh# the need $or change?

    • *eople have been let down by the

    system( *eople and their families

    have not been listened to

    • *eople have not been treated as

    the one who has the e+pertise and

    so they have not had the right to

    be in control of their own lives

    • There are still people who are

    having long stays as an inpatientin hospitals or residential care

    against their wishes

    • or some people things are still

    the same as many years ago

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    %nstitutionalised Care

    • In the -ictorian times the type of

    care for disabled people, especially

    those with a learning disability,

    autism and mental health needs,meant they were separated from

    their local community often in very

    hidden and faraway places

    • These types of places were calledasylums

    • This kind of care made poor care

    and abuse to happen

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    • .ver the last /" years these types

    of places have been shut down(The last asylums were closed at

    the end of the 1$$"s

    • %&' long stay hospitals andcampuses have also been closed0

    in 2""2, there were over """

    %&' long stay and campus beds

    in 3ngland( !ost of these havenow closed

    •  )ll %&' long stay hospitals were

    closed by the end of 2"1"11(

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    • Information including the work of

    the 4are 5uality 4ommission

    shows that there are still too many

    people with a learning disability or

    autism, and mental health

    problems who are still being

    admitted to inpatient settings

    • They stay there for long periods oftime 6 for some years and very far

    from home

    ave things changed?

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    • In some settings levels of

    medication, restraint and self7

    harm are high

    • 'adly, we also know of a

    number of deaths

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    Winterbourne &iew hospital

     )fter the BB4 *anorama programme

    of the 8interbourne -iew hospital,

    the 4are 5uality 4ommissions report

    into their reviews of learning disability

    hospitals found that overall levels of

    compliance on care and welfare of

    people using services andsafeguarding people from abuse

    were low

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    The 'ustice $or L! (Laughing !o#)

    campaign

    Family carers of 4onor 'parrowhawkand their supporters have also made

    a powerful argument on what people

    have a right to e+pect, saying theywish to0

    ‘’mae it a legal reality for disabled

     people to be fully included in their

    communities and to mae it harderfor the !tate to force disabled people

    to leave their homes against their

    wishes, or the wishes of their

    families." 

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    The Governments ideas and *uestions

    $or us to answer 

    There are lots of 9uestions :1/;

    to answer but we think it is really

    important to feedback so the

    Government get this right(

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    + M# right to be independent, to be part o$ a

    communit# and to live in a home % have chosen

    • &elping people stay close totheir communities

    • &aving enough services in the

    community

    •  )ssessment and treatment in

    the community and the

    !ental &ealth )ct

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    -uestion +

     These ideas are trying tohelp people to be part of thecommunity.

    Would they help to stoppeople being sent awayfrom their home and family?

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    . M# right to be listened to and have

    m# wishes acted upon•

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    -uestion .

     These ideas are trying tohelp people play a fullpart in their care andmake sure the NHS andLocal uthorities listen tothem.

    !o you think they willhelp?

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    / %nvolving people and their

    advocates

    *eople working together is very

    important(

    *eople and their advocates need to

    be taken notice of(

    *eople with learning disabilities orautism and families on the Boards

    of services(

    *eople should have a place in

    helping to run and control services.

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    -uestion /

    =o you think that only servicesthat involve people with

    learning disability or autism

    and families running them

    should get contracts with the>ocal )uthority or %&'?

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    0 elping people use their rights

    'ome people need more help to put

    over their views, feelings and beliefs

    They may need support to be able to

    do this(

    This support can come from0

    • amily 6 including @nearest

    relativesA under the !ental &ealth

     )ct

    •  )dvocates 6 including Independent

    !ental &ealth )dvocates

    • *rofessionals 7 including social

    workers(

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    -uestion 0

    These ideas are trying to make

    sure more people get support

    from families, social workers and

    advocates called Independent!ental &ealth )dvocates(

    They have a part to play in

    peopleCs care and helping thembe listened to(

    =o you think they will help?

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    1 Support i$ something goes wrong

     

    It can be hard to know what to door to get support if something

    goes wrong(

    It should be easy for people tocomplain(

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    -uestion 1

    =o you think anything else is

    needed to help people to speak

    up if something has gone wrong?

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    2 M# rights and the Mental ealth 3ct 

    &ow the !ental &ealth )ct is

    used for people with learning

    disabilities or autism(

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    -uestion 2

    8hat do you think about the idea

    of people with learning disability

    and autism0

    • not being sent to hospitalunder the !ental &ealth )ct or 

    • only in a smaller number of

    situations or

    • only sent if a court sendsthem?

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     4 3 single path $or Mental ealth 3ct

    assessment and treatment

    The !ental &ealth )ct can be

    hard to understand( *eople

    can go for assessment andtreatment under different

    rules(

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    Question 4

    8hat do you think about the

    idea of making the !ental&ealth )ct law easier to

    understand and follow with

    one path into hospital for

    assessment and treatment?

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     5 The Mental ealth 3ct and people who plan and bu#

    services $or the NS

    *eople who plan and buy services for the %&'

    should have to make sure that the !ental&ealth )ct works well(

    There is a D4ode of *racticeC for the !ental

    &ealth )ct which hospitals have to follow unless

    there are really good reasons for not doing this(

    But, the law does not say that the people in the

    %&' who plan and buy services in hospitals

    have to follow the 4ode of *ractice(

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     Question 8

    =o you think we should change

    the law to make sure that peoplewho plan and buy services for the

    %&' have to follow the 4ode of

    *ractice guidance about the

    !ental &ealth )ct like hospitalsdo?

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     6 7sing police cells and holdingpeople in hospital instead o$ prison

    'ometimes, when people have a mental health

    crisis, they are taken to a place of safety(

    It is usually a hospital but sometimes cells in

    police stations are used(The Government want to0

    • cut down on police cells being used a Dplace of

    safetyC

    • make sure no children and young people are

    kept in police cells• where people are kept in police cells, to make

    sure it is only for a short amount of time

    • see if people from other services could take

    people to a place of safety and not Eust the

    police

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    Patients who are held in hospitalunder the Criminal Justice System

    • 'ome people are patients under the !ental

    &ealth )ct through the 4riminal Fustice

    'ystem• Instead of going to prison they have been put

    into a hospital( They are called Drestricted

    patientsC

    • Some "restricted# patients cannot lea$e

    a hospital to li$e in the community in a

    safe way at the moment• Some people are in secure hospitals

    when they might be able to be in thecommunity under strict rules

    •  The %o$ernment are thinking about

    whether the law should change to allow

    this to happen

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     Question 6

    These ideas look at how tomake things better for people

    who are being kept safe in

    police cells or are being held in

    hospital instead of prison(

    8hat do you think?

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     +8 M# right to control m# own supportand services with a personal budget

    • The Government think a

    personal health budget would

    work well for people with alearning disability or autism(

    • It could pay for care and

    treatment in the community(

    •  This could be for somepeople who are in mentalhealth hospitals at the

    moment.

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     Question 10

    8hat do you think about more

    people with a learning disability

    or autism having personalhealth budgets?

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    ++ Putting di$$erent sets o$ mone# together 

     (pooled budgets)

    • &eople who buy ser$ices forthe NHS and Local uthorities

    sometimes put their moneytogether for mental health andlearning disability ser$ices

    • This does not happen everywhere

    • The Government wants to look at

    setting this up throughout thecountry

    • This could mean there is money for

    people to move back into their

    communities when they are ready

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    -uestion ++

    8hat do you think about making

    local areas having to put theirmoney together to help people

    get out of hospital?

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    +. Sharing %n$ormation

    • *ersonal information should be kept

    private but important information

    about what care people need

    sometimes has to be shared(

    • The Government thinks that it

    should be the law that people who

    are providing care at the hospitals

    or care homes should have to share

    information with commissioners

    • They think that sharing information

    will help get the right care for people

    or help if there are worries

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    -uestion +.

    =o you think it should made

    clearer when people who buy

    care have to share information

    to support peopleCs care and

    keep them safe?

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    +/ Who is in charge o$ supporting m#

    ph#sical as well as m# mental health

     ) personCs physical health needs must

    also be looked after when they are in a

    mental health hospital(

    The Government wants to make it very

    clear who has to do what, including0

    • who buys physical healthcare in the

    area where people are staying in a

    mental health hospital

    • what the hospital has to do

    • what the main doctors have to do

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    -uestion +/

    =o you think the Governmentshould try and make it more

    clear who has to make sure

    people are physically well when

    they are in mental health

    hospitals?

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    +0 Last *uestion

    Is there anything else you think

    is important about these

    changes?

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    The di$$erent wa#s people can respond to the

    consultation :

    By e7mail to0 norightignoreddh(gsi(gov(uk

    .nline at0 http0consultations(dh(gov(uk

    In writing to0

    4onsultations 4o7ordinator

    %o Hight Ignored 4onsultation=epartment of &ealth

    rd loor )rea 1), Hichmond &ouse

    $ 8hitehall

    >ondon '81) 2%'