The government's legislative agenda for the upcoming year, as outlined in the recent King's Speech on November 7, revealed that there would be no further reforms to the Mental Health Act 1983 before the next election. Any potential changes to the act would need to be addressed by a new government.
Criticism was directed at the conservative government for not fulfilling their 2019 manifesto promise to “legislate so that patients suffering from mental health conditions, including anxiety or depression, have greater control over their treatment and receive the dignity and respect they deserve”.
This decision has left professionals in the health and social care sectors disappointed, especially after urgent calls for the Mental Health Act to be addressed in the King's Speech.
Furthermore, this choice marks the conclusion of a six-year effort to overhaul the Mental Health Act, starting with the Independent Review in 2017-18, followed by the drafting of the 2022 Mental Health Bill and the release of a parliamentary committee's report on the proposed legislation in early 2023.
The primary goals of these proposed reforms were to reduce the use of detention and Community Treatment Orders (CTOs), address their disproportionate impact on black individuals, and put an end to the inappropriate and often prolonged detention of autistic individuals and those with learning disabilities.
The legislation aimed to:
Tighten the criteria for Mental Health Act detention, requiring a significant risk of serious harm for assessment and treatment.
Prohibit detention solely based on autism or learning disabilities.
Replace the nearest relative with a nominated person.
Extend the right to an independent mental health advocate.
Strengthen criteria for community treatment orders (CTOs), emphasizing the risk of serious harm and therapeutic benefit.
This move from the government has been called ‘a significant failure’ by the AMHP Leads Network.
Mind, the mental health charity, added: “More than 50,000 people were held under the Mental Health Act last year, so it is incomprehensible that legislation which would help people at their most unwell has been de-prioritised.”
“There could not be a worse time to abandon this bill, especially given the recent string of exposés revealing unsafe mental health care across the country.
“People with mental health problems, countless professionals and other experts poured huge amounts of time, effort and resource into reforming this legislation to make it fit for the 21st century. Their voices are being ignored.
She added: “Today is a huge blow for our community, but we will continue to fight to raise the standard of mental healthcare.”
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