Reform of the Mental Health Act

Sam Preston 24 July 2024 1 min read
Reform of the Mental Health Act feature image

It has been nearly twenty years since the Mental Health Act, enacted in 1983, has been updated, so the announcement of promised reform this week in the King’s Speech is welcomed.

Assessment and Treatment in Hospital

The Act sets out the rights of children and adults with mental health difficulties regarding assessment and treatment in hospital. It sets the criteria where people can be sectioned, taken to hospital against their will, and detained in order to keep them safe.

Children with Mental Health Difficulties on Adult Wards

The plan to strengthen the rights of children and young people sectioned under the Act is long overdue. Hopefully, the revisions will address the current problem of placement in inappropriate care settings and bring an end to children with mental health difficulties being placed on adult wards. This is something organisations in the mental health sector have been highlighting for many years. By prioritising children’s mental health and wellbeing in the speech, signals improvement is planned.

Racial Disparities

The Speech also highlighted the need to address the racial disparities which statistics evidence. For example, data shows that white people are more likely to access preventative or early help services; black people are eight times more likely to be made subject of a community treatment order.

Community Treatment Orders

On that note, it is hoped there will also be a reconsideration of community treatment orders. Usually those discharged from being detained under the Mental Health Act are subject to these orders. They also provide a means for community treatment without hospital admission however, the current system is criticised for the restrictive nature of the orders and the failure to prevent eventual hospitalisation. Clearly, there needs to be a review of the efficacy of how these orders are applied and work together with the measures put in place to ensure more effective support is offered.

Conclusion

It is clear that all the commitments on improving mental health and wellbeing announced in the Speech will not only require legislative change, significant infrastructure change and investment is crucial. So, whilst a hugely positive step, the strategic detail must be carefully considered and must include stakeholder involvement if we are to achieve truly improved and appropriate mental health services.

Sam Preston

SSS Learning Safeguarding Director


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