Published: 24 March 2006
Mental Health legislation to be amended not overhauled
Health Minister Rosie Winterton has announced the abandonment of the government’s attempt to radically overhaul mental health law, as she and Home Office Minister Fiona Mactaggart outlined proposals for a Bill to amend the existing Mental Health Act.
The new amending Bill, which will be substantially shorter than the draft Mental Health Bill 2004, will introduce supervised treatment in the community to ensure that patients who have been discharged from compulsory treatment in hospital, continue to comply with treatment.
They hope that this will benefit patients and improve public safety, as it will also introduce a new simplified definition of mental disorder throughout the Act and remove the "treatability" test.
Both changes are supposed to ensure that people who require treatment to prevent harm to themselves or others, are able to receive it. (They may be ‘able to receive it’, but will they avoid receiving it? That is the real issue.)
The Bill is intended to improve patient safeguards through taking order-making powers in regard to Tribunal hearings and be used to introduce the Bournewood safeguards, which will hopefully protect people who lack capacity and who are not under compulsion, but are deprived of their liberty.
The Government has spent a number of years consulting on how to update mental health legislation to keep pace with the growth of modern community-based services, to address concerns over public safety and to be compatible with obligations under the European Convention on Human Rights.
Consultation took place about the 2004 draft Bill, but the Government claims that it has taken into account concerns over the length & complexity of the earlier draft, as well as pressures on parliamentary time, and so has now committed to introducing a shorter, streamlined Bill which will be easier for clinicians to use and less costly to implement.
Rosie Winterton said:
"Introducing supervised community treatment is a vital part of getting help to people who need it, supporting carers and protecting the wider public.
This new approach will fulfil our commitment to delivering modern mental health services via a streamlined Bill which will be simpler to understand and less costly to implement than previous proposals."
The new Bill, which will be introduced when Parliamentary time allows, is intended to:
· introduce supervised treatment in the community for suitable patients following an initial period of detention and treatment in hospital
This will hopefully help ensure that patients continue to comply with treatment and enable action to be taken to prevent their relapsing in the community. The introduction of treatment in the community reflects modern service provision enabling patients to be treated according to their individual needs and circumstances
· expand the skill base of professionals who are responsible for the treatment of patients treated without their consent
· improve patient safeguards by taking order-making powers with regard to the Mental Health Review Tribunal
The government says that it is currently considering across government the precise terms of the changes, and will continue to consult with stakeholders
· reflect a widespread consensus and the views of the Joint Committee and will introduce a new, simplified single definition of mental disorder to ensure that people who require treatment to prevent harm to themselves or others are able to receive it
· replace the "treatability test" (which currently results in some people with personality disorder being inappropriately excluded from the treatment they need)
· keep, as recommended by the Joint Committee, the exclusion for drug & alcohol dependency, and preserve the effect of the Act as it relates to people with learning disabilities
· amend the current Act to remedy an ECHR incompatibility in relation to the Nearest Relative. At the same time, the government will bring the Act into line with the Civil Partnership Act 2004 in relation to the Nearest Relative provisions
The Bill will be used as the vehicle for introducing the Bournewood safeguards, through amending the Mental Capacity Act 2005. These safeguards are for people who lack capacity and are deprived of their liberty but do not receive mental health legislation safeguards
The government says that it will address safeguards for children treated on the basis of parental consent through the Children Act 1989. Children detained under the Mental Health Act will continue to receive the same safeguards as adults.
They also say that they will look at ways that they can continue to pursue other patient safeguards, such as advocacy, through other means.
Further information
DH Mental Health
Bournewood safeguards consultation
Turning point view on Bournewood
Mental Health Review Tribunal
Mental Capacity Act 2005
National Institute of Mental Health
Chief Nursing Officer’s review of mental health nursing: Summary of responses to the consultation
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