Review Disclosure Barring Service rules for people with mental health conditions

Rejected 9 signatures

What the petition asks

I want the government to revise the rules so people who have been detained under the Mental Health Act do not have to disclose their mental health conditions if they chooses not to do so. There should be an element of choice for those who have been subject to detainment under the MHA.

I want the government to change the rules because disclosure discriminates against those who have been previously detained under the Mental Health Act 1983 from getting employment in certain sectors, particularly children and adult sector where there is a legal obligation to disclosure when conducting DBS checks.

Why it was rejected

It asked for something that is not the responsibility of the UK Government or Parliament.

We can't accept your petition because the UK Government and Parliament aren't responsible for the issue you raise. This is a decision for the police based on guidance from the Home Office

There is no automatic requirement for disclosure of detentions under the Mental Health Act. You can read more here

https://www.mind.org.uk/information-support/legal-rights/dbs-checks-and-your-mental-health/what-will-show-up-on-a-dbs-check/#HowDoThePoliceDecideWhatInformationToInclude

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1033460/Stat_Dis_Guide_v.3.pdf

https://www.mind.org.uk/information-support/legal-rights/dbs-checks-and-your-mental-health/overview/

We could accept a petition calling for the Government to either review the guidance or to change the guidance if there are specific changes you'd like to see.

Timeline

28 Jul 2022	Petition opened for signatures
3 Aug 2022	Rejected by the Petitions Committee

Key facts

Signatures 9

Status Rejected

Rejected 3 Aug 2022

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