Legislation to modernise Mental Health Act unveiled in King’s Speech

People detained under the Mental Health Act will be given greater choice and rights under new legislation unveiled as part of the King’s Speech.

The Mental Health Bill includes changes that will aim to put more power in the hands of patients and put them at the centre of decisions about their care.

The Bill amends the Mental Health Act 1983 – which Labour described as “woefully out of date” – to bring it “into the 21st century”.

Under the changes, detention criteria will be revised to ensure people are detained under the Mental Health Act only when necessary.

This includes situations where they pose a serious risk to themselves or others, or if it is deemed that treatment would be beneficial.

The time a patient can be detained for treatment will be shortened, with faster and more frequent reviews of their case.

The Bill will also aim to further limit the extent to which people with learning disabilities and autism can be detained and treated under the Act.

Police stations and prisons will be removed as places of safety under the Act.

The Bill will also bolster the voice of patients by adding statutory weight to their right to be involved in planning for their care.

A new statutory role will be introduced, with a nominated person selected by the patient to replace the nearest relative.

Offenders with severe mental health problems will also be given access to care as quickly as possible under the Bill.

The changes come after reforms to the Mental Health Act were shelved by the former Conservative government at the last King’s Speech in November.

The Mental Health Act 1983 has not been amended since 2007.

Labour said the changes announced on Wednesday bring forward the vast majority of the recommendations from Professor Sir Simon Wessely, who conducted an independent review of the Mental Health Act in 2017.

The review was commissioned by former prime minister Theresa May in response to growing numbers of people being detained under the Act.

Mental health charities have welcomed the news.

Dr Sarah Hughes, chief executive of Mind, hailed the reforms as a “once-in-a-generation opportunity”.

“With the number of people being detained under the Act at a five-year high, bringing the law into the 21st century is a welcome first step in tackling the nation’s mental health crisis,” she said.

“The previous government made a number of positive proposals for reforming the Act, but there is still a way to go.”

Mark Winstanley, chief executive of Rethink Mental Illness, said its importance “cannot be overstated”.

“This isn’t just a niche policy; it aims to reform the outdated Mental Health Act, a crucial piece of legislation which allows for people to be detained, often against their will, with the aim of keeping people safe, but which too often strips individuals of dignity and choice in their treatment,” he added.

“The law needs to be more effective, and we hope this reform will also trigger broader changes in a sector that is struggling to meet increasing demand.”

Dr Hughes also called for the “ambitious” changes to be backed with “funding and resources to be delivered and fully realised”.

This was echoed by Marjorie Wallace, chief executive of the mental health charity Sane.

She said: “Sane believes that a reformed Mental Health Act has an important contribution to make in ensuring compassionate care that enables patients to be treated with respect and dignity, and families and carers to be involved in considerations about care.

“It will be essential, however, that legislation is accompanied by investment in inpatient beds, community services and the NHS workforce so that people whose mental health is deteriorating can be helped before they reach crisis point and the Mental Health Act has to be used.

“While mental health services are so impoverished and there is limited access to treatments and therapies, the vision for improved rights and individual choice cannot be realised.”