EHRC response to ‘Hospital is not home’ report

“We are deeply concerned by the findings of the Mental Welfare Commission for Scotland's new 'Hospital is not home' report, which gives much-needed insight into the experiences of people held in hospital for over 10 years.

“Proper compliance with the equality legal framework is critical in all health and social care settings, to ensure people have the support they need to make decisions about their care and independent living.

“The use of ‘informal’ arrangements, noted in this report, rather than procedures prescribed under Mental Health or Incapacity Legislation, is of particular concern. This was highlighted in the legal action we took in 2020 against NHS Greater Glasgow and Clyde for facilitating unlawful detention.

“The Mental Welfare Commission’s findings that there are high numbers of unrecorded patients ‘living’ in hospitals for over 10 years, and in some cases up to 25 years, raises questions as to whether the public bodies involved are failing to meet their obligations under the Public Sector Equality Duty.

“As Britain’s equality regulator, we are also concerned by the limited attempts made to provide specialist advocacy support to people in hospital for extended periods in Scotland, as this suggests the public bodies involved may be failing to act in the ‘anticipatory’ way required to meet the Equality Act’s reasonable adjustments duty.

“It is evident from these findings that the Scottish Government’s ‘Coming Home’ Strategy has not yet succeeded in its aim to ensure that people are only in hospital for as long as they require treatment.

“We urge the Scottish Government and all health and social care agencies to pay close attention to these findings and take urgent action to ensure proper compliance with equality legal requirements.”