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Review Disclosure Barring Service rules for people with mental health conditions

Submitted on Thursday 28th July 2022

Rejected on Wednesday 3rd August 2022

Current status: Rejected

Rejection code: irrelevant (see below for details)

Petition Action

Review Disclosure Barring Service rules for people with mental health conditions

Petition Details

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.

Additional Information

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.


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This petition was rejected

The Government e-Petitions Team gave the following reason:

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

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

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

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.


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