Group 8. Mental health detention (Amendments 62, 63)

Part of the debate – in the Senedd at 6:12 pm on 21 November 2017.

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Photo of Darren Millar Darren Millar Conservative 6:12, 21 November 2017

Diolch, Llywydd. I rise to move amendment 62 and to speak to amendment 63, both tabled in my name. During the debate at Stage 2, I raised concerns over the potential implications of section 42 of the Bill, which relates to children and young people in detention. Section 42 allows for the cessation of the duties that the Bill places upon schools, colleges and local authorities to prepare individual development plans and to maintain them when young people are subject to detention orders.

The section is designed to apply to those detained for criminal justice reasons, but, during Stage 2, it was clear that not much consideration had been given to those detained for mental health purposes. Following the suspension of Stage 2 proceedings, the former portfolio holder agreed to consider the issue further and to work with me, if necessary, to address this issue.

Now, clearly, there are circumstances in which children and young people with additional learning needs who are subject to detention under the mental health Act may still require additional learning need provision during the period of their detention in a mental health unit. In fact, members of the Children, Young People and Education Committee recently visited child and adolescent mental health services units in Wales where there were education units embedded within those CAMHS units. It's easy to appreciate that there may be times when a young person goes into one of those units and needs some additional learning provision. So, these are the sorts of settings in which additional learning provision should rightly continue to be provided to those who're in receipt of support, prior to their detention.

I'm very grateful, Cabinet Secretary, for the engagement that I've had with your office and with Government officials, which has resulted in the tabling of amendment 62. I've been very happy to engage and been pleased with the support that they've given with drafting.

So, the amendment seeks to provide for regulation-making powers to enable Welsh Ministers to apply duties to ensure that children and young people with additional learning needs who are detained as a result of poor mental health do continue to get those bits of support that they require.

Amendment 63 is consequential to amendment 62, but 62 is the very important one, and I urge all Members to support both amendments.