Government's decision to abandon draft 2004 Mental Health Bill

Embargoed until Thursday, March 23, 2006

The Royal College of Psychiatrists, which has long campaigned for mental health law reform, welcomes the Government's decision to abandon their draft Mental Health Bill which was universally criticised by professionals, service users and carers, as well as the Joint Committee of Parliament which scrutinised the Bill. We welcome, however, the new opportunity to work with Government to improve mental health legislation and services.

The new proposals, set out by the Minister today, need considerable clarification. The College welcomes the proposal that people will not be detained solely because of drug and alcohol problems, or just because they have a learning disability. We also welcome government's decision to resolve the lack of safeguards for people who lack capacity, and who are deprived of their liberty, through amendments to the Mental Capacity Act 2005.

The College will continue to work with patient, carer and professional organisations and the government to try to ensure that the new proposals meet the needs of the community, particularly those who use mental health services. The amended legislation must reflect the Joint Scrutiny Committee's recommendations to create legislation that is well balanced between the human rights needs of those using the service and public safety.

“An ethical, non-stigmatising and workable Mental Health Act is achievable and must continue to be our aim,” said Dr Tony Zigmond, Honorary Vice-President. "An important principle must be that we only deprive people of their liberty when we can offer treatment that will be of benefit to them."

The President of the Royal College of Psychiatrists, Professor Sheila Hollins, said "We welcome the Government's change of heart. The 2004 draft Mental Health Bill alienated many of us in the mental health sector from the process of reform. I hope that we can now all work together to improve legislation and services."