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Currently, outdated laws do not meet modern standards and fail to give patients an adequate voice.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.
Black people are over three times more likely to be detained under the Act, whilst 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 decision 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addresses the significant changes in attitudes towards mental illness since the original Act was passed, recognising outdated laws around the treatment of people in a mental health crisis are no longer tolerable.
Modernising the Bill was a manifesto commitment and will reform the existing Mental Health Act to make it fit for purpose, improving patients’ experiences of hospital and mental health outcomes, while also introducing stronger protections for patients, staff and the general public.
This 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.
“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.”
As well as ensuring patients have a voice in their care, the 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.
Police and prison cells will also no longer be used to place people experiencing a mental health crisis, as well as creating more space for police forces to hold criminal suspects.
Instead, patients will be supported to access a suitable healthcare facility that will better support their needs.
The Bill also includes measures to ensure patients, staff and the general public are better protected.
The Bill will improve decision making around detention, discharge, care and treatment.
As part of this, the Bill will introduce a new requirement for the Responsible Clinician to consult another person before they discharge a patient.
Increased access to second opinion doctors will help ensure care is appropriate, compassionate and effective. 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.
“This comes alongside the NHS’s work to transform mental health services – either through intervening earlier with hundreds of NHS teams working in schools, or trialling new 24/7 crisis mental health hubs to prevent people needing hospital care in the first place, and if an admission to hospital is needed the health service is working with local services to ensure this is delivered in a safe and therapeutic environment close to people’s homes.”
