Today, the government has published its revised mental health bill. The reform of the existing mental health act has been long overdue, having started under the previous government. The new government had committed to introducing the reformed bill to parliament in their manifesto.
In a press release issued today, the Government stated that:
“New laws will give patients sectioned under the Mental Health Act more dignity and say over their care in long-awaited updates to be introduced in Parliament today (Wednesday, 6 November).
Currently, outdated laws do not meet modern standards and fail to give patients an adequate voice. For example, individuals experiencing severe mental illness can be placed in police cells, and the law automatically gives a patient’s nearest relative – rather than the person of their choosing such as a partner – a say in decisions about their care.
The new Mental Health Bill addresses the significant changes in attitudes towards mental illness since the original Act was passed, recognising outdated laws around the treatment of people in a mental health crisis are no longer tolerable.”
The changes in the reformed bill include:
- Introducing statutory care and treatment plans, tailored to a person’s individual needs;
- Stopping people in mental health crisis being held in prison cells;
- Ending the inappropriate detention of autistic people and people with learning disabilities;
- Ensuring that patients have a voice in their care, and recognising the role of friends and family in keeping people safe.
The mental health sector has largely welcomed the bill, which has been a long time coming. Although many senior figures working in mental health have stated that the bill doesn’t go far enough to address the growing mental health crisis.
“Today’s introduction of the Mental Health Bill brings us a step closer to a more progressive mental health system for the 50,000 people who are sectioned each year – but we still need to look at whether it will fully go the distance for meaningful change.” Says Dr Sarah Hughes, Chief Executive of Mind.
“The announcement today marks a significant moment, but we know there is more to do and questions to ask about whether this will go far enough to fix the broken system as we know it. The mental health emergency we are facing will need much more than a reformed Act. It will demand radical and brave action from government alongside proper funding.”
In a statement shared on X, the Children and Young People's Mental Health Coalition stated:
“Reforming the Act provides a vital opportunity to enhance children and young peoples rights and entitlements and ensure their voices are heard in their treatment. The Bill, however, is only a first step towards creating a mentally healthier generation. This must be accompanied by wide-ranging investments in the mental health system.”
Professor Sir Simon Wessely who recently appeared on the MQ Open Mind Podcast and who is Chair of the Independent Review of the Mental Health Act, said:
"I am delighted that at long last a new Mental Health Act bill is to go before Parliament. No one doubts that it is time to modernise our legislation, in order to achieve the goal of reducing coercion and increasing choice for those who suffer from the most severe mental illnesses.
Our reforms will achieve that by ensuring better treatment and discharge planning with more family involvement, replacing outdated Victorian rules, and by reforming community treatment orders tackle unacceptable ethnic differences. Most of all ensuring that more attention is given to patient preferences will improve compliance with essential treatment, reduce coercion, whilst still protecting the public where necessary.
Andy Bell, chief Executive of the Centre for Mental Health said:
“The bill is an essential step towards modernising mental health services. But it must be accompanied by investment in mental health services and buildings so that people get the care and support they need, when they need it in environments that are safe and therapeutic.”
The Mental Health Foundation posted a thread on X (Previously Twitter) highlighting some of the current issues with the existing laws and the reasons we need reform:
“It’s disgraceful that if you’re Black, you’re almost 4x more likely to be detained under the 1983 Act. It’s awful that during a crisis, you could be held in a prison cell. It’s wrong that your nearest relative, instead of who you choose, can be in charge of your care.
This is why it’s so important we reform this Act properly and put dignity back into how our public services care for us when we're in a crisis – and that needs to be accompanied by proper funding to make it work.”
You can read the full thread here.
And in a further comment Chief Executive Mark Rowland said "These long overdue updates to the Mental Health Act cannot come soon enough. People need support that reflects our modern understanding of how to help and care for people during a mental health crisis – not our understanding four decades ago. The original version of the Act has driven racial disparities, stripped those who are sectioned of their humanity in a wholly unnecessary way, and all too often made crises worse."
The Association of Mental Health Providers Chief Executive said in a statement published on their website:
“We welcome the updates to the Mental Health Act which are vital in making the Act fit for the 21st century. For too long the original Act has disproportionally impacted marginalised communities, people with learning disabilities and autism have been inappropriately sectioned, and patients have had less control and choice over their care.”
In a thread on X the charity Autistica highlighted the need for ongoing work to implement evidence-led reform.
“Addressing the inappropriate detention of autistic people and people with learning disabilities is long overdue. Our 2023 campaign, Break the Cycle, highlighted the fact that autistic people and people with a learning disability have an average inpatient #MentalHealth unit detainment of five and a half years.
While these changes are welcomed, we urge the Government to work with us to ensure this overhaul is informed by evidence. Most importantly, any proposed therapies, training, and services offered under the proposed ‘care and treatment plans’ must be effective and truly serve autistic people.”
For more information on the Mental Health Bill Reform, you can read the government's announcement here.
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