Care Pathways

06.12.18

May promises reform as review reveals ‘outdated’ Mental Health Act infringing on patient rights

Patients with severe mental health problems “should be given more rights over treatments” to ensure better care is provided if they are detained for compulsory treatment, according to a review.

The independent review of the Mental Health Act 1983 – which means people can be sent against their will to receive treatment for mental health – has issued its recommendations on how to improve and reform an “outdated” system.

The review, commissioned by Theresa May in October 2017, investigated rising detention rates, large racial disparities in the people being detained, and concerns that the Act was out of touch with the modern NHS mental health system.

In response, May promised change and has announced a new Mental Health Bill to reform and modernise the Act.

Almost 50,000 people were sectioned in the UK in 2017-18, with the figure rising by 40% between 2005 and 2016, and the review said that these people should be able to set out how they want to be looked after.

The review, led by professor Sir Simon Wessely, stated that patients detained in a psychiatric unit needed a major extension of their rights as, under the current system, sectioning is being misused and gives default power to the patient’s next of kin without considering if they are estranged or abusive.

Setting out how the outdated system could better respect people’s rights, the review argued that patients should be able to challenge decisions taken by psychiatrists about their treatment, and patients should be able to set out in detail the form of care they want – such as the drugs they wish to receive.

Wessely said: “If there’s one important theme from the whole thing it is to ensure the voice of the patient is heard louder and more distinctly and carries more weight than it has in the past.”

“Even when deprived of their liberty, patients will still have a say in their treatment, with greater and newer protections than they have had before.”

Responding to the review, the chief executive of Mind, Paul Farmer commented: This outdated legislation has seen thousands of people experience poor, sometimes appalling, treatment, who still live with the consequences to this day. We are pleased to see that many of our concerns – and those of the people we represent and have supported to feed into the review – have been heard.

Theresa May said the government will issue a formal response to the recommendations in the new year, and commented: “The disparity in our mental health services is one of the burning injustices this country faces that we must put right.

“I commissioned this review because I am determined to make sure those suffering from mental health issues are treated with dignity and respect, with their liberty and autonomy respected.

“By bringing forward this historic legislation – the new Mental Health Bill – we can ensure people are in control of their care, and are receiving the right treatment and support they need.”

Matt Hancock added: “I am determined to do everything I can to protect people’s mental health and get them the help they need. The proposed new Mental Health Bill will give patients more control over their treatment and make sure that our mental health laws are fit for the modern age."

Image credit - asiseeit

Comments

There are no comments. Why not be the first?

Add your comment

 

national health executive tv

more videos >

latest healthcare news

‘Damaging’ NHS targets ‘have had their day’ claims Lord Prior

15/02/2019‘Damaging’ NHS targets ‘have had their day’ claims Lord Prior

NHS targets “have had their day” according to Lord Prior as the head of the health service launches an attack on 25 years of flawed h... more >
Controversial shake-up of Kent stroke services given rubber stamp amid calls for judicial review

15/02/2019Controversial shake-up of Kent stroke services given rubber stamp amid calls for judicial review

A major reorganisation of stroke services across Kent and Medway have been approved following a unanimous decision by the Joint Committee of CCGs... more >
A&E waiting time performance hits all time low as NHS ‘buckles under the strain’

15/02/2019A&E waiting time performance hits all time low as NHS ‘buckles under the strain’

A&E waiting time performances in NHS trusts in England have hit their lowest level since regards began, according to the latest NHS statistic... more >

editor's comment

25/09/2017A hotbed of innovation

This edition of NHE comes hot on the heels of this year’s NHS Expo which, once again, proved to be a huge success at Manchester Central. A number of announcements were made during the event, with the health secretary naming the second wave of NHS digital pioneers, or ‘fast followers’, which follow the initial global digital e... read more >

last word

Hard to be optimistic

Hard to be optimistic

Rachel Power, chief executive of the Patients Association, warns that we must be realistic about the very real effects of continued underfunding across the health service. It’s now bey... more > more last word articles >

the scalpel's daily blog

Blog: 5 minutes with Dr Tracy Vell MBE, Associate Lead for Primary and Community Care, Greater Manchester, Health and Social Care Partnership.

14/02/2019Blog: 5 minutes with Dr Tracy Vell MBE, Associate Lead for Primary and Community Care, Greater Manchester, Health and Social Care Partnership.

Ahead EvoNorth we caught up with Dr Tracy Vell MBE, Associate Lead for Primary and Community Care, Greater Manchester, Health and Social Care Partnership. Dr Tracy Vell MBE shares her thoughts on the Northern Powerhouse, what it means to her and why she thinks it’s important to attend EvoNorth.  What does your role as ... more >
read more blog posts from 'the scalpel' >

comment

Maximising volunteer potential in hospitals

14/02/2019Maximising volunteer potential in hospitals

Sam Ward, director of commissioned services at the Royal Voluntary Service, argues that the right training can help harness the power of voluntee... more >
Leading and managing experts

14/02/2019Leading and managing experts

A coaching conversation is likely to yield the best results. Managing experts in the health industry can be a challenging and varying responsibil... more >
Mesothelioma in the UK: a growing fight

14/02/2019Mesothelioma in the UK: a growing fight

The health impacts of asbestos in the UK can cast a much wider net than those in the construction and building sector. Liz Darlison, head of serv... more >
ICO: Cyber security and the NHS

14/02/2019ICO: Cyber security and the NHS

Peter Brown, acting head of technology policy at the Information Commissioner's Office (ICO), explains the importance of good practice in data pr... more >

interviews

How can winter pressures be dealt with? Introduce a National Social Care Service, RCP president suggests

24/10/2018How can winter pressures be dealt with? Introduce a National Social Care Service, RCP president suggests

A dedicated national social care service could be a potential solution to surging demand burdening acute health providers over the winter months,... more >
RCP president on new Liverpool college building: ‘This will be a hub for clinicians in the north’

24/10/2018RCP president on new Liverpool college building: ‘This will be a hub for clinicians in the north’

The president of the Royal College of Physicians (RCP) has told NHE that the college’s new headquarters based in Liverpool will become a hu... more >
Duncan Selbie: A step on the journey to population health

24/01/2018Duncan Selbie: A step on the journey to population health

The NHS plays a part in the country’s wellness – but it’s far from being all that matters. Duncan Selbie, chief executive of Pu... more >
Cutting through the fake news

22/11/2017Cutting through the fake news

In an era of so-called ‘fake news’ growing alongside a renewed focus on reducing stigma around mental health, Paul Farmer, chief exec... more >

health service focus

View all News