The government has announced details of a new mental health bill. We explore what this step will bring to address treatment and tackle disparities under the Mental Health Act
After years of questioning when a change might come, the Labour government has just announced details of a new mental health bill (Wednesday, November 6th) that intends to provide better care for mental health patients. The bill has been greatly welcomed, as while there is still undeniably a long way to go, it marks a pivotal step in bringing an “outdated” system “in line with the 21st Century,” as noted by the health secretary, Wes Streeting.
The 1983 Mental Health Act means that people with a mental illness can be detained (or sectioned) without their consent if it is believed that their safety, or the safety of others, is at risk. Poor mental health is not a criminal offence, yet the boundaries between medical invention and detention have become blurred, with some powers being disproportionately applied. The new bill aims to tackle these disparities and give patients more say over their care.
So, what changes can we expect to see following the reform?
Ending the use of prison cell detention for mental ill health
Banning the use of police cells to detain people experiencing mental health crises was first proposed by Boris Johnson’s government in 2018. A BBC report which outlines the new change in detention laws notes that 34,685 were detained under the Mental Health Act last year, with around 314 of these in a police cell. In these instances, individuals can only be held for a maximum of 24 hours and must be assessed by a doctor and social worker. The new bill now bans the use of police cells and, instead, patients will be supported to access a suitable healthcare facility.
Detention limits
The new bill also calls for the ending of inappropriate detention of autistic people and people with learning disabilities, introducing a 28-day limit on how long they can be detained (unless they have a co-occurring mental health condition).
Statutory care and treatment plans
Currently, the law gives a patient’s nearest relative a say in their care. Under the modernised bill, patients will now have a legal right to a tailored care and treatment plan, based on their individual needs. These will be created alongside clinicians, who will review their care more frequently to ensure that their treatment remains appropriate.
Patients will also be able to elect a person of their choosing to represent their interests — rather than their nearest relative — and they’ll have more advocacy when detained. It is hoped that these changes will encourage patients to continue engaging with their treatment.
Changes to discharge processes
Discharge processes will be reviewed more broadly, ensuring that safety management plans are in place should patients need one, and responsible clinicians will need to consult another person before discharging a patient.
These are just some of the changes that have been announced in the latest bill but, of course, this is just the start. With £26 million set to be invested into mental health crisis centres following the Budget, there is hope that this is the beginning of more radical change.
Learn more about the mental health bill on GOV.UK
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