Legal News

Mental health charity Mind has responded to the Queen’s Speech by welcoming the government’s proposals to reform mental health legislation, including the Mental Health Act.

The government has said that its considerations about the Mental Health Act will include looking at why rates of detention are increasing and taking the necessary action to improve service responses – as well as examining the disproportionate number of those from some ethnic backgrounds who are detained under the Act.

There will also be a review of the use of Community Treatment Orders, to see if they remain fit for purpose in helping people leaving hospital to receive better care and support in the community.

The government will also consider how the rights of family members to obtain information about the mental health and treatment of their loved ones can be improved – as well as ensuring that those with mental ill health are treated fairly, protected from discrimination, and employers fulfil their responsibilities effectively.

In response, Chief Executive of Mind, Paul Farmer, said:

“We welcome the government’s proposals to reform mental health legislation, including the Mental Health Act.

“Being detained under the Act is one of the most serious things that can happen to someone in terms of their mental health – and, at over thirty years’ old, the current legislation is outdated and not in line with the principles of modern health care.

“In the last ten years in England, we have seen a 47% rise in the Mental Health Act being used to detain individuals, with BAME people disproportionately affected.

“These figures show that neither the Act – nor wider mental health care – is working as it should to support people when they are unwell.

“Changing the Mental Health Act is a mammoth task and needs to be done properly, in full consultation with people with lived experience and in line with the recommendations of the Five Year Forward View for Mental Health.

“People who are at their most unwell need choice, control and dignity – and they need legislation to support that.”

The government has made a commitment to parity of esteem, treating mental health and physical health equally in the NHS.

The Five Year Forward View for Mental Health sets out a programme for further system reform, which the government has backed with a significant increase in funding.

Since 2010, spending on mental health increased to a record £11.4 billion in 2016-2017, with a further investment of £1bn every year by 2020-2021.

Going forward, the government will continue to invest in new and better services across the whole spectrum of mental health conditions – in particular, making further improvements in early intervention, investing in community services and expanding access to 24/7 crisis care support, both in the community and in A&E.

The government will also publish a Green Paper on Children and Young People’s Mental Health, focused on helping the youngest and most vulnerable members of society receive the best start in life.

Duncan Lewis Mental Health Solicitors

Duncan Lewis is the UK’s largest provider of Legal Aid mental health services and can advise mental health patients on a wide range of issues – including access to NHS mental health services and detention under the Mental Health Act.

Duncan Lewis mental health solicitors regularly visit NHS hospitals to advise on mental health law – and are available across England and Wales at short notice for hospital and police station appointments.

In some cases, Duncan Lewis mental health solicitors may be able to advise the nearest relative or carer of a mental health patient on a range of issues, including initiating treatment reviews where appropriate.

For expert legal advice on mental health law, call the Duncan Lewis Mental Health Solicitors Helpline on 020 3114 1124.