The campaigning charity, ENABLE Scotland, says the Scottish government's set of commitments to ensure people with complex needs will be cared for closer to home and not in inappropriate hospital settings, represents a “landmark moment for the human rights of people who have learning disability in Scotland”.

Ministers today published a series of measures to implement the 2018 Coming Home report – itself triggered by the findings of the Mental Welfare Commission two years earlier that too many people with learning disabilities and complex needs were being kept in hospital or living in units many miles from their families.

Last summer healthandcare.scot reported there were more than 200 people with “very complex” needs “lost in the system” who were either stuck in hospital or in placements far away from their homes.

An investigation by The Ferret found some health boards recorded some patients as having been living in mental health wards for more than three years.

The 2018 report by respected academic Dr Anne MacDonald found there were likely to be more than 700 people placed ‘out-of-area’ – around 10% of whom were as far as England or Wales – and another 70 delayed in hospital.

Dr MacDonald concluded there was no simple solution and an “overall change in culture and approach” was needed.

As last month, a ‘national dynamics support register’ is to be set up to improve monitoring of those at risk of hospital admission or inappropriate placement.

The government says it aims to significantly reduce delayed discharge and inappropriate out of area placements for adults by March 2024.

ENABLE Scotland director, Jan Savage, says “the day for real celebration” is still some way off:

“Our member-led My Own Front Door campaign called for urgent action. Today – nine years after this was identified as a priority by the Scottish government – we now finally have a deadline for change by March 2024 to end this human rights scandal.

“By that date, the Scottish government and [local government organisation] COSLA have now said clearly that no person who has a learning disability in Scotland will be in hospital if they do not need to be, and no one will be forced to live away from the communities they want to live in.

“No one will be in that position again. And inappropriate institutional units will not be part of Scotland’s future.

“This report sets out a clear and important message for commissioners of social care, individuals and families alike: from today, Scotland takes a zero-tolerance approach to inappropriate accommodation for people who have learning disabilities and autistic people.

“We welcome the national approach to supporting and monitoring progress, and the introduction of a new independent panel to ensure that the human rights of every person affected are fully upheld as we now begin the process with pace to support every person to access their rights to live in the home they choose, in the community they choose, close to the people they love.”

Announcing the publication of the Coming Home Implementation Report, Mr Stewart said he looked forward to working with a new national support panel and a peer support network to ensure that the care on offer to people who need it is appropriate:

“It is completely unacceptable that people are spending time in hospitals or other care settings when they are medically fit for discharge. For every day spent unnecessarily in hospital, a person loses part of their connection with their community, their family, and their friends.

“We are not protecting the rights of people with learning disabilities and complex needs if they remain in hospital when they should be living at home, or in a homely environment with the right support.”

John Feehan, who led the launch of the My Own Front Door campaign on behalf of members of ENABLE Scotland, had this reaction to today’s report:

“About time. We have already waited too long for this. 

“I will be happier in March 2024 when we know that this deadline has been met. We will keep campaigning for our human rights to make sure that it is.”

Read more:  New push to help patients "lost in system"; Learning disabilities data ‘not fit for purpose’; Adults with incapacity face longest discharge delays

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