06/11/2024
The draft Mental Health Bill goes before Parliament today, some 7 years since the announcement of an independent review of the Mental Health Act. The changes will be evolutionary, rather than revolutionary. They aim to recalibrate the legislation to ensure patients have greater power and influence in their care while detained under the Act. Key changes in the Bill include:
- Detention under the Act will only be allowed where there is a risk of serious harm and treatment can provide a therapeutic benefit
- People with autism and learning disability will not be detainable for more than 28 days unless they have a co-existing psychiatric disorder
- Clinicians will be obliged to consult more widely in relation to treatment and to focus more on personalised patient care
- Hospitals will be required to offer more advocacy support and provide more information to patients and those nominated to support them in hospital
- Detained patients will be subject to shorter periods of detention and will have greater opportunity to challenge decisions to keep them in hospital
- Police cells and prisons will no longer be used as places of safety.
Work has already started on preparing for implementation, but the Act will not come into force for several years. Bevan Brittan will be running a series of presentations on the new legislation. For more information please contact Simon Lindsay.
