RCPsych responds to Mental Health Act receiving Royal Assent

“We are pleased that the Mental Health Act for England and Wales has been granted Royal Assent today. Starting with the Wessely review, it is the result of years of hard work from professionals, policy makers, patients and carers.

“Additionally, RCPsych in Wales has played a vital role in informing debates in the Senedd which has meticulously scrutinised the Bill and has since voted unanimously in favour of the legislation.

“The work to implement the Act begins now and some aspects of this will take time. It should be led by clinicians in partnership with people with lived experience, as well as tailored to each of the distinct policy and legislative landscapes in England and Wales. 

“This modern Mental Health Act will increase the involvement of patients as partners in their care. The focus on Advance Choice Documents and statutory care and treatment plans will support practitioners by providing a legal framework that enables the kind of therapeutic and relational care we want to deliver for our patients.

“However, many of the changes in the Act will require an increased amount of clinical time to deliver. Mental illness represents 20% of the UK’s disease burden but receives only 10% of health funding and services are already overstretched. Mental health services will need to be provided with additional staff and resources if we are to implement these reforms consistently and effectively.

“The provisions in the Act for the treatment of those primarily experiencing learning disability or autism will require a substantial expansion of services that will take many years of investment to achieve. Even with this, there will be times when community services are unable to manage the levels of risk some patients present with. We remain concerned that the new reforms could lead to inadvertent criminalisation of patients where there are concerns about their behaviour compromising the safety of others. The UK and Welsh Governments must recognise this if they want the Act to deliver the change that people really need.

“The legislation is not a panacea and there remain longstanding, systemic issues leading to increased rates of mental illness in Black and racialised communities. The Patient and Carer Racial Equality Framework (PCREF) is a competency framework aimed at developing therapeutic relationships and better partnerships between statutory services and racialised communities thereby improving their access, experience and outcomes in mental healthcare. An idea arising from the Independent Review of the Mental Health Act, the PCREF was developed by the Royal College of Psychiatrists’ National Collaborating Centre for Mental Health (NCCMH), in partnership with patients and carers. The PCREF should be incorporated into the Code of Practice.

“The Royal College of Psychiatrists are ready to support all efforts to implement the Act in a way that delivers the best outcomes for our patients. The next stage will be the creation of new Codes of Practice for England and Wales, which will be a vital step in implementing the reforms. We hope this is the start of a positive journey towards a more compassionate and effective mental health system.”