Expert Witness Journal Dec 24 - Journal - Page 56
Better Care for Mental Health
Patients Under Major Reforms
Mental Health Act reformed to improve treatment of patients and address disparities.
Outdated Mental Health Act modernised to better support patients, treat them more humanely
and address disparities
Reforms will introduce statutory care and treatment plans, end the use of police and prison
cells to place people experiencing a mental health crisis, and end the inappropriate detention of
autistic people and people with learning disabilities
Greater involvement of patients, families and carers will improve treatment while protecting
patients, staff and the wider public
New laws will give patients sectioned under the
Mental Health Act more dignity and say over their
care in long-awaited updates to be introduced in
Parliament today (6 November 2024).
As well as ensuring patients have a voice in their care,
the reforms also recognise the critical role that families
and carers can play in keeping patients safe - providing insight and knowledge of a patient’s wishes and
preferences and an understanding of what keeps
them safe - including when a patient is too unwell to
express this themselves. The bill will strengthen the
rights of families and carers through changes to the
nominated person role, and require clinicians to consult with others close to the patient as they make decisions around their care where appropriate or where
the patient wishes.
Currently, outdated laws do not meet modern
standards and fail to give patients an adequate voice.
For example, individuals experiencing severe mental
illness can be placed in police cells, and the law automatically gives a patient’s nearest relative - rather than
the person of their choosing such as a partner - a say
in decisions about their care.
Black people are over 3 times more likely to be
detained under the act, while those with a learning
disability and autistic people are also found to be inappropriately sectioned. Patients currently have little
say over their care and treatment should they be detained, or over who should be involved in making decisions related to their care, such as family members
and carers.
Police and prison cells will also no longer be used to
place people experiencing a mental health crisis, as
well as creating more space for police forces to hold
criminal suspects. Instead, patients will be supported
to access a suitable healthcare facility that will better
support their needs.
The Mental Health Act is vital to keeping people safe
when necessary. It will continue to provide clinicians
with the powers to admit and treat people if they become a risk to themselves or others.
The new Mental Health Bill addresses the significant
changes in attitudes towards mental illness since the
original act was passed, recognising that outdated laws
around the treatment of people in a mental health crisis are no longer tolerable. Modernising the bill was a
manifesto commitment and will reform the existing
Mental Health Act to make it fit for purpose, improving patients’ experiences of hospital and mental health
outcomes, while also introducing stronger protections
for patients, staff and the general public.
Secretary of State for Health and Social Care, Wes
Streeting, said: “Our outdated mental health system is
letting down some of the most vulnerable people in
our society, and is in urgent need of reform.
The treatment of autistic people and people with
learning disabilities, and the way in which black people are disproportionately targeted by the act should
shame us all.
This includes making it a legal requirement for each
patient to have ‘care and treatment plans’ tailored and
shaped by their individual needs that will make clear
what is needed to progress them to discharge. The bill
will also give patients the right to elect a person to represent their interests and greater access to advocacy
when they are detained. Together, these reforms will
make it more likely for patients to stay in contact with
health services and continue to engage with
treatment.
EXPERT WITNESS JOURNAL
By bringing the Mental Health Act in line with the
21st century, we will make sure patients are treated
with dignity and respect and the public are kept safe.”
Safety is paramount, which is why the bill also includes
measures to ensure patients, staff and the general
public are better protected. The bill will improve decision making around detention, discharge, care and
treatment. As part of this, the bill will introduce a new
requirement for the responsible clinician to consult
another person before they discharge a patient. In54
DECEMBER 2024
