Legal News

Safeguards for mental health patients were which introduced in 2005 have resulted in thousands of vulnerable and elderly mental health patients being “imprisoned” in care homes against their will.

A new House of Lords report has found that mental health patients – including dementia patients – are being “oppressed” in hospitals and care homes despite legislation introduced to protect their rights.

The Lord are recommending that current legislation leading to a denial of rights to mental health patients and their imprisonment in hospitals and care homes should be replaced with a new system.

On Thursday (13/03/14) The Committee on The Mental Capacity Act 2005 (MCA) published its findings on the effects of the 2005 legislation intended to protect mental health patients.

The MCA looked at issues such as what people thought about the Act – and also what needed to change.

The Act established in law that mental health patients have the right to make their own decisions about issues like treatment and care – and should be supported in this.

The Act was introduced to protect a wide range of vulnerable people from the elderly to those with dementia and leaning disabilities.

The Act also established that people had the right to make decisions which might not seem a sensible choice – and those unable to make their own decisions should be protected and cared for.

However, for many mental health patients and vulnerable patients the result has been institutionalised care instead of being allowed to choose where they live and being supported so that they can remain living in their own homes if preferred.

Chairman of the MCA Select Committee Lord Hardie said:

"We were very concerned by what we heard about the safeguards. The evidence suggests that tens of thousands of people are being deprived of their liberty without the protection of the law – and without the protection that Parliament intended.

"Worse still, in some cases the safeguards are being wilfully used to oppress individuals and to force decisions upon them, regardless of what actions may be in their best interests.”

The Committee found that many people reported health organisations often made decisions for people whom they considered were unable to make their own decisions – and often against the wishes of the patient concerned. Poor care and poor decisions about a patient’s care also sometimes left patients without support or adequate care.

Some health professionals were also found to be unaware of the guidelines and rights of mental health patients and vulnerable persons as set out in the MCA 2005 – including rules such as the Deprivation of Liberty Guidelines (DOLS) for patients unable to make their own decisions.

Lord Hardie continued:

"A senior judge described the experience of trying to write a judgment on the safeguards as feeling, 'as if you have been in a washing machine and spin dryer'. In the face of such criticism, the only option is to start again."

The Committee has recommended 39 changes to the MCA guidelines, including setting up an independent body charged with improving care and support for vulnerable and mental health patients under the MCA guidelines – as well as redrafting the DOLS guidelines.

The report also said that the Care Quality Commission (CQC) should also ensure that mental health patients were being allowed their rights in care decisions.

Duncan Lewis Mental Health Solicitors

Duncan Lewis mental health solicitors can advise mental health patients on their rights under the Mental Health Capacity Act 2005 – as well as detention under the Mental Health Act 1983.

Duncan Lewis is also a leading provider of Legal Aid – all mental health patients are entitled to free legal advice, but in some cases Duncan Lewis may be able to offer legal advice on mental health law to the next of kin or carer of a mental health patient.

For expert advice on mental health law, contact the Duncan Lewis Mental Health Solicitors Helpline on 020 7275 2036.