Government agrees to bring in new Mental Health Bill after independent review

a press release from Local Government Lawyer

The government has unveiled plans to introduce a new Mental Health Bill after accepting two key recommendations from an independent review of the Mental Health Act 1983.

The recommendations that have been accepted from the final report from the Independent Review of the Mental Health Act 1983 are:

Those detained under the Act will be allowed to nominate a person of their choice to be involved in decisions about their care. “Currently, they have no say on which relative is contacted. This can lead to distant or unknown relatives being called upon to make important decisions about their care when they are at their most vulnerable.
People will be able to express their preferences for care and treatment and have these listed in statutory ‘advance choice’ documents.
The independent review of the 1983 Act was launched by the Prime Minister Theresa May in October 2017 to make improvements following rising detention rates, racial disparities in detention and concerns that the Act wasout of step with a modern mental health system. The review team was also asked to consider how to improve practice within the existing legislation.

The government will issue a formal response to the review’s 154 recommendations in the New Year before preparing the new legislation.

The Prime Minister said: “The disparity in our mental health services is one of the burning injustices this country faces that we must put right.

“For decades it has somehow been accepted that if you have a mental illness, you will not receive the same access to treatment as if you have a physical ailment. Well, that is not acceptable.”

She added: “I commissioned this review because I am determined to make sure those suffering from mental health issues are treated with dignity and respect, with their liberty and autonomy respected.

“By bringing forward this historic legislation – the new Mental Health Bill – we can ensure people are in control of their care, and are receiving the right treatment and support they need.”

Health and Social Care Secretary Matt Hancock said: “With 1 in 4 people being affected by mental ill health at some point in their lives, it is more important than ever that we put mental and physical health on an equal footing.

“I am determined to do everything I can to protect people’s mental health and get them the help they need. The proposed new Mental Health Bill will give patients more control over their treatment and make sure that our mental health laws are fit for the modern age.”

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Changes to police powers relating to mental health and places of safety

a post by Amy Street for the UK Police Law Blog [via Inner Temple Library]

On 11 December 2017, significant amendments will come into force altering the power of the police to detain people who appear to be suffering from mental disorder. This blog post is intended to highlight the fact of the amendments, outline some key changes and point to sources of further information.

The relevant powers are currently contained in sections 135 and 136 of the Mental Health Act 1983 (“MHA”). Section 135 requires the grant of a warrant by a magistrate; s136 does not.

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You will, of course, need to be familiar with the MHA to follow all the changes. This blog is written for people who are “on the other side” as it were but it is useful for those of us who may be detained under the MHA to know what powers are held by whom.

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