Updates to the legislation that sets out provisions for the treatment of people experiencing mental health crises will bring the law into the 21st century, campaigners say, as a new Mental Health Act receives Royal Assent.
The landmark new legislation will reform the ‘outdated’ 1983 act, which gave courts the power to imprison those experiencing a mental health crisis and who may have been at risk of harm to themselves or others.
Instead, the updated act will empower patients to take charge of their own treatment and involve families and care givers more in decision-making.
Health and social care secretary Wes Streeting said:
“For too long, thousands of vulnerable people in mental health crises have been failed by outdated laws that stripped away their dignity and voice.
“The new Mental Health Act will transform lives by putting patients back in control of their care, tackling the unacceptable disparities that have seen Black people detained at disproportionately high rates, and giving NHS staff the tools to deliver care that truly helps people recover.
“This delivers on our manifesto commitment to finally bring mental health care into the 21st century. After years of neglect, we are rebuilding a mental health system to treat people with the dignity and respect they deserve.”
Where the Mental Health Act 1983 enabled the detainment of people going through mental health crises in prison, its successor will ensure the provision of safe, effective care centred on individual needs.
“It will give every detained patient a real say in their treatment and a timely care plan, with any period of detention focused on therapeutic benefit and kept as short as possible,” said Dr Adrian James, medical director for mental health and neurodiversity at NHS England.
The Law Society of England and Wales welcomed the opportunity to protect patients’ rights and access to justice, but warned further measures are needed.
Law Society president Mark Evans said:
“We welcome the Mental Health Bill becoming law, as it helps level the playing field for people accessing mental health services.
“Behind the legal texts, there are real people needing support and protection. We’re pleased to see the government’s efforts to maintain dignity in mental health care by giving patients greater autonomy over treatment decisions and ensuring earlier, more frequent automatic referrals to the Mental Health Tribunal.
“To ensure children under 16 benefit from the Act’s reforms as much as those over 16, the UK government should review how child competency is assessed under the Act. Leaving child competency tests off is an important oversight. It would give under-16s the opportunity to prove their capacity and increase their ability to make decisions regarding their own care.
“This Mental Health Act is a vital step forward in ensuring people can access justice whilst in treatment, but more needs to be done. Mental health care is a pivotal part of how we look after everyone in our communities and we are proud to have been able to support the creation of this Act. We are committed to monitoring this space and ensuring that everyone’s rights are protected.”
Further detailed guidance will be produced in due course, the government said.
