The Draft Mental Health Bill: 10 Key Things You Need to Know

In July 2022, the Joint Committee for the Draft Mental Health Bill came together to table, discuss and modernise the outdated Mental Health Act (1983).

Yesterday (19 January 2023), the final report was released, and here are some of the key points and recommendations, signifying full reform, as opposed to slight adjustments:

1.??????The appointment of a Mental Health Commissioner, responsible nationally for the voices of adults affected by mental ill-health.?This post will look similar to that of the Childrens’ Commissioner, and act as an independent watchdog to monitor reforms.

2.??????A revised Code of Practice as a starting point, focused on 4 key principles:?choice and autonomy, least restriction, therapeutic benefit and the person as an individual.

3.??????Tighter criteria in the use of Community Treatment Orders (CTOs) to avoid overuse and racially disproportionate implementation.

4.??????A parallel workforce funding plan in support of new amendments to be designed, presented and implemented.

5.??????Changes to the detention criteria under Parts 2 and 3 of the Act, requiring that in order to be detained, significant “harm may be caused” to a person or others, and “appropriate treatment” must be available.

6.??????The removal of “Learning Disabilities” and “Autism” as detainable conditions under the Act.

7.??????CETRs (Care, Education and Treatment Reviews) should be made available to everybody with a learning disability and/or Autism, and should be revisited every 6 months, as opposed to annually.

8.??????The implementation of Advance Choice documents for people to have a say in their care when unwell, as well as being able to choose their “Nominated Person (NP)”.

9.??????A statutory right for all patients to have access to Advocacy services.

10.??The removal of prisons and police cells as Places of Safety.

Other reforms, such as the move from the Deprivation of Liberty Safeguards (DOLS) to the Liberty Protection Safeguards (LPS) should also serve to bolster the new proposed Mental Health Bill.

We at Catalyst Care Group are in support of these amendments, and look forward to seeing positive change as a direct result.

These amendments show progress, and it will take all of us in the health and social care system to be open to positive change, learn, implement and champion these changes as they come into effect.

To join our journey in championing humanised care, please get in touch on [email protected] or call 0345 894 2264!