THE NEW Mental Health Bill aims to give patients sectioned under the Mental Health Act more dignity and say over their care and will address racial disparities.

Currently, outdated laws do not meet modern standards and fail to give patients an adequate voice.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.

Black people are over three times more likely to be detained under the act, while those with a learning disability and autistic people are also found to be inappropriately sectioned.

Patients currently have little say over their care and treatment should they be detained, or over who should be involved in making decisions related to their care, such as family members and carers. 

The new Mental Health Bill addresses the significant changes in attitudes towards mental illness since the original act was passed, recognising that outdated laws around the treatment of people in a mental health crisis are no longer tolerable.

21st century care

Secretary of State for Health and Social Care, Wes Streeting, said: “Our outdated mental health system is letting down some of the most vulnerable people in our society, and is in urgent need of reform.

“The treatment of autistic people and people with learning disabilities, and the way in which black people are disproportionately targeted by the act should shame us all.

“By bringing the Mental Health Act in line with the 21st century, we will make sure patients are treated with dignity and respect and the public are kept safe.”

Under the reforms, police and prison cells will also no longer be used to place people experiencing a mental health crisis. Instead, patients will be supported to access a suitable healthcare facility that will better support their needs

Changes to the bill includes making it a legal requirement for each patient to have ‘care and treatment plans’ tailored and shaped by their individual needs that will make clear what is needed to progress them to discharge.

The bill will also give patients the right to elect a person to represent their interests and greater access to advocacy when they are detained. Together, these reforms will make it more likely for patients to stay in contact with health services and continue to engage with treatment.

‘Essential step’

Responding to the introduction of a new Mental Health Bill, Andy Bell, chief executive at Centre for Mental Health, said: “We warmly welcome the publication of a government bill to modernise the Mental Health Act in England and Wales. This is long overdue.

“The Mental Health Act as it stands is outdated and is need of root and branch reform. We hope the bill will be a thorough update of the Act, including provision for people to make advance choice documents about how they want to be treated when they are unwell, better controls on the use of community treatment orders that are disproportionately applied to people from racialised communities, and faster access to a hospital bed for people in prison when they need urgent care.

“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.”

As well as ensuring the patients have a voice, he reforms also recognise the critical role that families and carers can play in keeping patients safe – providing insight and knowledge of a patient’s wishes and preferences and an understanding of what keeps them safe – including when a patient is too unwell to express this themselves.

The bill will strengthen the rights of families and carers through changes to the nominated person role, and require clinicians to consult with others close to the patient as they make decisions around their care where appropriate or where the patient wishes.

Discharge processes will also be reviewed more broadly and will include a safety management plan for the patient, to keep themselves and other safe.

Claire Murdoch, NHS National Mental Health Director, said: “This new Mental Health Act is a once in a generation opportunity to ensure that patients experiencing serious mental illness and crises receive safe, modern, evidence-based care, and that the needs and wishes of patients and their loved ones are central to care and better mental health outcomes.”