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Announced in the King’s Speech on 17 July 2024, the Bill aims to “modernise the Mental Health Act 1983”. The Bill advances the majority of the recommendations for reform made in December 2018, following the independent review of the Act led by Professor Sir Simon Wessley.
Following that review, the previous government had published a draft Mental Health Bill in June 2022, which had undergone pre-legislative scrutiny. However, a final version of the Bill had not been introduced for parliamentary review prior to the General Election.
Key aims and benefits of the Bill
As set out in the background briefing notes to the King’s Speech, in modernising the existing legislation the underlying aim is to provide patients with “greater choice, autonomy, rights and support” and to “make sure all patients are treated with dignity and respect throughout their treatment.”
As summarised from the briefing notes, the proposed reforms include:
• Revising the detention criteria “to ensure that people can only be detained if they pose a risk of serious harm either to themselves or to others, and where there is a reasonable prospect that treatment would have a therapeutic benefit.” Revision and shortening of the period of detention for treatment, together with “faster, more frequent reviews and appeals of both detentions and treatment.”
• “Further limiting the extent to which people with a learning disability and/or autistic people can be detained and treated under the Mental Health Act”, providing support to such individuals, and ensuring the adequacy of “community services to prevent inappropriate detentions.”
• Measures to strengthen the voice of patients by “adding statutory weight to patients’ rights to be involved in the planning for their care, and to make choices and refusals regarding the treatment they receive.”
• The introduction of a new statutory role to further support and protect those who are detained. The ‘nominated person’ will be “chosen by the patient, to replace the nearest relative.”
• Extending access to Independent Mental Health Advocates for informal patients, together with an opt-out system for detained patients.
• Removal of “police stations and prisons as places of safety under the Mental Health Act” so that those “experiencing a mental health crisis or with severe mental health needs are supported in the most appropriate setting.” Providing support to “offenders with severe mental health problems.”
Timeline
Publication of the draft Bill is awaited and is likely to be published following summer recess. The government has stated that the reforms “will take a number of years to implement” due to the need for recruitment and training of both clinical and judicial staff. Implementation of the reforms is to be phased.
Healthcare
United Kingdom