Mental health has been a topic at the forefront of society and government for many years, and with good reason. According to the mental health charity Mind, one in four of us will experience a mental health problem every year.* Mental health has also rightly been the focus of attention throughout the coronavirus pandemic.
The Mental Health Act is currently over 40 years old and this Government recognises that this has caused it to be outdated and unfit for purpose in the 21st century. This is why today, we have published our Reforming the Mental Health Act White Paper to level up mental health services and bring the Mental Health Act into the modern era - key manifesto commitments of this Government.
Our landmark reforms will end the stigma of mental illness once and for all:
Our landmark reforms will end the stigma of mental illness once and for all:
Following Sir Simon Wessely’s Independent Review of the Mental Health Act in 2018, we are modernising our legislation and ensuring patients are put at the centre of decisions about their own care…
- We will provide patients with more choice and control over their treatment – ensuring it works for them. We will consult on a number of proposed changes including the introduction of ‘Advance Choice Documents’ – enabling people to express their wishes and preferences on their care when they are well, before the need arises for them to go into hospital – and the right to choose a ‘Nominated Person’ to look after their interests if they aren’t able to do so themselves. We are also looking to expand the role of ‘Independent Mental Health Advocates’ to offer a greater level of support and representation to every patient detained under the Act.
- We will ensure parity between mental health and physical health services – so everyone has access to the best healthcare. We are already investing over £400 million to eradicate dormitories in mental health facilities as part of our response to Sir Simon’s recommendations and our commitment to level up access to mental health services and rebuild better than before, so people admitted to hospital can receive care in a modern and genuinely therapeutic environment. High impact changes are already under way – including vital investment in the mental health estate, and work to pilot and develop the Patient and Carer Race Equality Framework.
- We will tackle disparities for all who access services, in particular for people from minority ethnic backgrounds. Black people are over four times more likely to be detained under the Act and over ten times more likely to be subject to a Community Treatment Order – and we will tackle this disproportionate number by introducing a new national framework. This will be a practical tool which enables Mental Health Trusts to understand what steps it needs to take to improve Black, Asian and minority ethnic communities’ mental health outcomes. In addition, improved culturally appropriate advocacy services will be piloted where needed, so people from BAME backgrounds can be better supported by people who understand their needs.
- We will change the way people with a learning disability and autistic people are treated in law. A mental health inpatient setting is often not the best place to meet their specific needs – and our proposals set out that neither learning disability nor autism should be considered a mental disorder for which someone can be detained for treatment under Section 3 of the Act.
- We will improve the system for those with serious mental illnesses within the criminal justice system. Prisons should be places where offenders are punished and rehabilitated, not a holding pen for people whose primary issue is their mental health. We are therefore proposing a 28-day time limit to speed up the transfer of prisoners to hospital, ending unnecessary delays and ensuring they get the right treatment at the right time. We are also ending the outdated practice of using prisons as ‘places of safety’ for defendants with acute mental illness. Instead, judges will work with medical professionals to ensure defendants can always be taken directly to a healthcare setting from court.
For more information on this announcement, please click here.
You can also participate in the Government's open consultation on the Mental Health Act reforms here.