Long-awaited reforms to the Mental Health Act were introduced to parliament yesterday, as the government set out its stall for more humane practices and fairer treatment.
The new Mental Health Bill signals the first amendment to the act since the last Labour government in 2007 – a generation in itself after the act was first introduced in 1983.
Modernisation
The reforms, at their core, are about bringing the act into the 21st century, with many believing it has been obsolete for a while. Doing so was a part of Labour’s general election manifesto – along with recruiting 8,500 extra staff into the sector.
Under the new plans, it will be a legal requirement for every patient to have personalised care plans that make it clear what is needed for discharge.
Discharge processes more broadly will be subject to a review, with the responsible clinician set to be required to consult another person before discharging a patient.
Also in a bid to ensure patients stay in contact with health services, patients will have the right to elect a person to represent their best interests as well as greater access to advocacy when they are detained.
The rights of families will also be strengthened through changes to the nominated person role, while clinicians will be required to consult with a patient’s inner circle as they make decisions about their care.
We warmly welcome the introduction of the #MentalHealthBill today - this is an essential step towards modernising mental health services.
— Centre for Mental Health (@CentreforMH) November 6, 2024
It must be accompanied by investment in services & buildings so that people get support when they need it in safe, therapeutic environments. pic.twitter.com/LlfcIbSBeM
Police/prison cells will no longer be used to house those going through a mental health crisis which will, in addition to freeing up space for actual criminals, see patients supported at the most suitable healthcare facility available.
In support of those with autism or a learning disability, the act will be amended to place a limit of 28 days for which they can be detained – unless they have a co-occurring mental health condition.
Other reforms include:
- increasing the frequency of clinical reviews, ensuring treatment appropriateness;
- updating the use of community treatment orders, ensuring fairness; and
- speeding up transfers from prison to hospital by limiting the time it can take to move prisoners who need treatment in a mental health hospital to a maximum of 28 days.
Once in a generation opportunity
Health secretary Wes Streeting has said the Mental Health Act 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,” he said.
“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.”
NHS England’s national director for mental health, Claire Murdoch, 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.”
Listen to National Health Executive’s recent podcast with Andy Bell, CEO at the Centre for Mental Health, for more insight into the Mental Health Act and wider reforms to the sector.
Image credit: iStock
