Protection for patients and the public is at the heart of the Mental Health Bill, which was published by Health Minister Rosie Winterton and Home Office minister Gerry Sutcliffe. The Bill will introduce supervised treatment in the community to ensure that patients comply with treatment when they are discharged from hospital and enable action to be taken to prevent relapse. This will benefit patients and improve public safety.
The Bill also gives new rights and extra protection to people who are unable to decide about their care and who may be unfairly deprived of their liberty. These new safeguards will affect about 5,000 people who have a serious mental disorder but up until now have not been covered by existing mental health laws. Known as the 'Bournewood provisions', they include independent checks of whether they should be detained, rights to appeal and a representative appointed to look after their rights.
It will also introduce a new simplified definition of mental disorder and remove the "treatability" test. The "treatability" test has meant that in the past, some people who needed treatment to prevent them harming themselves or others did not receive it.
Publishing the Bill, Rosie Winterton said:
"We want people to get the right treatment at the right time. We want to improve the safety of both patients and the public. This Bill will help ensure that people with serious mental health problems receive the treatment they need to protect them and others from harm. It will also strengthen patient safeguards and ensure human rights are protected.
"We are already modernising services, and the Bill is a key part of our strategy to reform and improve mental health care. It will update the law to reflect the way mental healthcare is provided in today's NHS."
Home Office minister Gerry Sutcliffe said:
"Timely treatment for mental disorder is vital in preventing harm to patients and to others. I look forward to doctors having powers to treat patients in the community to address the revolving door problem before their patients relapse and become involved in tragedies to themselves or to the public."
The Bill, which amends the 1983 Mental Health Act and the Mental Capacity Act, was contained in the Queen's Speech 2006. It was introduced on 16 November.
Notes:
1. The Bill makes seven main amendments to the Mental Health Act 1983. They are:
Introducing supervised community treatment (SCT) for suitable patients following an initial period of detention and treatment in hospital. This will help ensure that patients comply with treatment when they are discharged from hospital and enable action to be taken to prevent relapse. It will also mean easier recall to hospital if a patient does need treatment. SCT will help ensure that patients with serious mental health problems receive the treatment they need to protect them and others from harm.
Introducing a new, simplified single definition of mental disorder throughout the Act. This will mean no-one is denied the treatment they need because they do not fall within one of the existing legal categories of mental disorder.
Introducing a new criterion for compulsion, that appropriate treatment must be available. This will mean patients can only be detained if medical treatment, which is appropriate to the patient's mental disorder and all other circumstances of their case, is available. This appropriate treatment test will replace the so-called treatability test.
Broadening the range of professionals that can take on key roles in the Mental Health Act. This will ensure that professionals with the right skills, expertise and training can carry out important functions not currently open to them. This development reflects modern NHS practices which have moved towards a more flexible workforce.
A new order making power to allow the Secretary of State for Health and Welsh Ministers to reduce the time before a patient's case is automatically referred to the Mental Health Review Tribunal (MHRT). The order-making power will be used when the Secretary of State or Welsh Ministers feel that both hospitals and the MHRT will be able to meet the reduced time limits within their available resources. This change will strengthen safeguards for patients.
Amending the current Act to remedy an Human Rights incompatibility in relation to the nearest relative. This will give patients who have reasonable objections to the person having the role of their nearest relative the ability to apply to the county court to appoint an acting nearest relative. This will provide an important new safeguard for patients. At the same time, the Bill proposes to bring the nearest relative provisions in the Act into line with the Civil Partnership Act 2004.
Ending finite restriction orders. This will mean restrictions will remain in force for as long as the offender's mental disorder poses a risk of harm to others.
The Bill is also being used to amend the Mental Capacity Act 2005 to introduce the Bournewood safeguards. This will provide safeguards for people who lack capacity to make decisions for themselves, who are deprived of their liberty in care homes or hospital and are not eligible to receive mental health legislation safeguards. These safeguards will prevent arbitrary decisions to deprive a person of liberty and give rights of appeal.
2. The full text of the Bill can be found on dh.uk
For further information please go to:
UK Department of Health
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