Joint Committee on Draft Mental Health Bill in England and Wales publishes its final report

The Joint Committee on the Draft Mental Health Bill has published its final report, providing pre-legislative scrutiny on the Draft Mental Health Bill which applies in England and Wales.

RCPsych gave substantial evidence to the committee and has welcomed the report and is continuing to work with the UK Government on Mental Health Act (MHA) reform.

The report makes substantial recommendations on:

• The overall approach of the Bill: recommending continued movement towards fundamental reform in the long term; the appointment of a mental health commissioner; and the embedding of the MHA’s principles into the Bill.
• Racial inequalities: the role of the legislation in tackling disproportionate detention rates; data collection; and the appointment of a responsible person to monitor racial inequalities.
• Community Treatment Orders: recommendation of their abolition in part II of the Act, with retention in Part III.
• Resourcing and implementation: recommending a new and updated impact assessment and workforce plan; the further provision of community care and provision of Second Opinion Appointed Doctors.
• Detention criteria: recommending further clarity on definitions and guidance and realigning Part II and Part III of the Mental Health Act.
• Learning disabilities and autism: recommending further safeguards to limit the potential negative impacts of removing LD&A from the scope of section 3 to tackle long term detention.
• Children and young people: recommending a consultation on the introduction of a statutory test for competency, or “child capacity”, for children under 16s.
• Patient choice: recommending the introduction of statutory advance choice documents.
• Nominated persons: recommending ways to address the practical concerns that have been raised and ensure the benefits of these reforms.
• Advocacy: recommending the introduction of an ‘opt-out’ advocacy scheme.
• Patients concerned in criminal proceedings or under sentence: recommending data collection to monitor conditional discharge subject to deprivation of liberty conditions.
• Crisis management: recommending a consultation on a short-term emergency detention power in Emergency Departments.

Next steps

This report is only advisory and it is not binding on the Government to implement. An informal limit of two months for a response is in place, though not enforced, so the Government response could be forthcoming at any time.

RCPsych will continue to work with Parliamentarians, the Department for Health and Social Care and with our members to maintain scrutiny on the Bill as it progresses through Parliament.

Back to our January 2023 eNewsletter.