Mental Health Bill will give patients enhanced rights to make decisions regarding their own care, ensuring their voice is heard throughout the treatment process
Long awaited legislation to reform care for mental health patients is one step closer to becoming law, as the Mental Health Bill has Second Reading in the House of Lords today (25th November 2024).
The Mental Health Bill, introduced earlier this month, will modernise the Mental Health Act, giving patients a greater say in their care, along with bolstered support from family and friends as part of treatment to ensure that their interests are protected and that their voice is heard throughout the treatment process.
Last year, over 50,000 people were detained under the Mental Health Act, but an independent review of the Mental Health Act, chaired by Professor Sir Simon Wessely, President of the Royal Society of Medicine, found rising rates of detention under the act, along with racial disparities, and poor patient experience especially for autistic people and those with a learning disability, with patients being detained unnecessarily and for longer than needed.
Alongside making it legal requirement for each patient to have a care and treatment plan, the Bill will also give patients the right to an Advance Choice Document, which can be used by patients to set out what they want their care to look like in the event of a mental health crisis.
These changes will ensure that care is tailored to individual needs and encourage patients to remain in contact with health services and continue to engage with treatment.
Police and prison cells will also no longer be used to place people who need care under the Mental Health Act. Instead, patients will be supported to access a suitable healthcare facility that will better support their needs.
Secretary of State for Health and Social Care, Wes Streeting, said:
The Bill will help deliver the government’s commitment to transform mental health care, giving it the same focus and attention as physical health.
It will also address unnecessary detentions for people with a learning disability or autistic people. At the end of October 2024, 1,880 people with these conditions were detained in hospital under the Mental Health Act, and research suggests that some would be better suited to care in the community.
If passed, the Act will limit the length of time that they can be detained under the Act if they do not have a co-occurring mental health condition that needs hospital treatment and have not committed a criminal offence.
Claire Murdoch, NHS national mental health director, said:
Dr Layla McCay, director of policy at the NHS Confederation, said:
Mark Winstanley, Chief Executive, Rethink Mental Illness:
Measures in the Bill will ensure patients, staff and the general public are better protected, through improved decision making and new processes requiring clinicians to seek a second opinion before discharging a patient. Discharge processes will also be reviewed more broadly and will include a safety management plan for the patient, to keep them and others safe.
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