Lead member
Baroness Keeley
Labour, Life peer
Lords
Decision
Withdrawn
The amendment was withdrawn after debate and no decision was taken on it.
Amendment text
After Clause 51
insert the following new Clause—
“Human Rights Act 1998: provision of treatment for a mental disorder as a public function
(1)
This section applies where—
(a)
a patient is receiving aftercare under section 117 of the Mental Health Act 1983,
(b)
a patient is accommodated in a hospital for the purpose of being given medical treatment for mental disorder, or
(c)
a person's health or social care arrangements in connection with their mental disorder give rise to a deprivation of their liberty, within the meaning of that term as under Article 5(1) of the European Convention on Human Rights.
(2)
The provider of treatment or care under subsection (1) is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 (acts of public authorities) to be exercising a function of a public nature, if the treatment or care is arranged by or paid for (directly or indirectly, and in whole or in part) by a local authority in England, Wales or Scotland, or by a NHS Health Board, an NHS Integrated Care Board, or by a Health and Social Care Trust.”
Member's explanatory statement
This amendment ensures the Human Rights Act 1998 applies when people receive outsourced mental health treatment or after-care, or are deprived of their liberty in connection with a mental disorder. It addresses a gap in human rights protection exposed by Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB).