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“The Mental Health Bill is a step in the right direction but there is still work to be done” – 免费黑料网

Press release
06 November 2024

The UK Government has introduced the Mental Health Bill to modernise the Mental Health Act in England and Wales.

The 免费黑料网 welcomes the introduction of the new Mental Health Bill, as this will support the delivery of relational care, in which clinicians work in greater partnership with patients to ensure that compulsory inpatient admissions focus on therapeutic benefit and safety for all.

However, some of the Government’s plans could have unintended consequences and may widen existing inequalities that the Wessely review was commissioned to address.

President of The 免费黑料网, Dr Lade Smith CBE, said:

“Having been part of the original Wessely review, I am delighted that the Bill is being introduced to Parliament. This is an historic opportunity to improve the Mental Health Act and the lives of those with mental illness in England and Wales.

“Care and treatment plans are part of good, modern psychiatric practice and making them statutory will ensure the system supports the partnership between the psychiatrist and the patient.

“We welcome the fact that people with mental illness will have more choice about which of their family and friends can be contacted if they are detained. This will give patients the confidence that the people who know them best and care about them most will have the opportunity to speak on their behalf, when they are not able to speak for themselves.

“We hope that Advance Choice Documents (ACDs) will also be introduced, these state the patient's wishes and preferences for their care during a mental health crisis. They have been shown to reduce detention by up to 25%, and are particularly beneficial for Black people, who are the most likely to be detained under the Mental Health Act.

“The College worked closely with the independent review led by Professor Sir Simon Wessely to make recommendations about Mental Health Act reform, but since the review was published changes have been made which could not have undergone the same level of development, discussion and scrutiny, as the original work. Today’s Bill diverges in significant ways from the recommendations set out in the review and does not take full account of the Joint Committee’s thoughtful and constructive recommendations.

“We remain concerned about proposed changes to the provisions in the Act for the treatment of those primarily experiencing learning disability or autism. There are times when community services are unable to manage the levels of risk some patients present with, and it takes some time to ascertain whether this is related to co-occurring mental illness. If the Mental Health Act cannot be used to support them, such patients will be brought into A&E, where they will remain, or if there are concerns about their behaviour compromising the safety of others, then this will result in involvement of the Police and criminal justice system.

“Additionally, these reforms create distinctions between the decision making around detention between the civil and criminal parts of the Act.

“This will have the unintended consequence of widening the racial disparities that the original Wessely review was commissioned to reduce. The principles of the Act and the rights provided should apply to all patients. Distinguishing between the criteria for detention for different parts of the Act will only serve to introduce a disparity that will disproportionately affect Black people, one that did not exist in the Act before.

“The current focus from Westminster on the NHS and mental healthcare is positive but it will only be effective if services are provided with the resources they need to deliver timely, skilled and compassionate care.

“The College is keen to work closely with the Government to build on years of hard work and experience to guarantee an updated Act fit for now, and for the future.”

Campaigning for better mental health policy

Our Policy and Campaigns team leads the College's work to improve mental health care through work with partner organisations – including the Mental Health Policy Group – and government.

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