What the reasons are for the increase in detention under mental health legislation for people with learning disabilities.

Therehas been a small overall rise in people with learning disabilities who aresubject to compulsory detention under the Mental Health (Care and Treatment)(Scotland) Act 2003 (the 2003 Act). The numbers have risen from 239 people in2004 to 252 people in 2006. Peoplewith learning disabilities have a higher incidence of mental health difficultiesthan the general population. There is also some evidence that they are subjectto orders for longer periods.
Peoplewith learning disabilities (with or without a co-morbid mental illness) havethe same rights and safeguards under the 2003 Act as other mental healthservice users. The Mental Welfare Commission for Scotland visits all people on long term ordersand provides an important safeguard for people with learning disabilities whomay not be able to make representations to the Tribunal.