The Mental Health Bill seeks to amend the Mental Health Act 1982 in an attempt to ‘modernise’ mental healthcare provision; the Government’s purported purpose of the bill is to amend the ‘outdated’ 1983 Act. Similar to a previous draft Mental Health Bill form 2022 by the previous Conservative Government, they responded to the joint committee’s recommendations, however the bill was not introduced in Parliament before the 2024 general election. It is important to note that the Bill only extends to England and Wales, aside from the general clauses at the end of the Bill. Starting in the House of Lords, it has moved swiftly through the chamber and has now moved to the House of Commons Public Bill Committee, and as a result, is seeking evidence from relevant stakeholders.
What does the Bill aim to do?
Following the White Paper consultation on the reform of the Mental Health Act, and the independent review, there were four principles put forward in the new Mental Health Act, these are:
choice and autonomy
least restriction
therapeutic benefit
the person as an individual
We have explored the main provisions in the Mental Health Bill here, however for a recap, the Bill aims to:
- Allow people to have more say in their care, which includes treatment and care plans.
- An emphasis on respect and dignity, making sure that beliefs, values, and past experiences are considered.
- Detention will be limited, only used when and for as long as necessary.
- Those with autism or learning disabilities will be protected to limit their detention, only being able to be detained for a maximum of 28 days.
- Consider how it could better need the need of people with autism, learning disability or a serious mental health illness within the criminal justice system.
- Making sure that police and prisons cells will no longer be able to be used as a place of safety for those experiencing a mental health crisis.
It is important that the Mental Health Act is reformed; putting an emphasis on treating people as individuals primarily should be a foundation for mental health care. It is also positive that those with learning disabilities and autism will now face stricter requirements for detention. Of course, with any legislation posing reform, it is imperative that the relevant agencies are fully funded, in particular local authorities who have many statutory duties to provide social care to support those with mental ill-health, and who employ the majority of Approved Mental Health Professionals (AMHPs). Adequate resourcing will also be needed to ensure that people are moved away from the criminal justice system, to ensure agencies are focused on what they offer and relieve pressure, and crucially into proper dedicated care settings. It is, however, important to note the concerns raised around detaining fewer people, and the risk this may pose to the general public. Any implementation of policy that affects the criminal justice system and the capacity it has to service the community is of interest, and therefore we will be looking to represent our members who feel they have experience or expertise to contribute towards our submission.
Parliamentary process
The implementation will not come into full force immediately and will be introduced in stages. It is estimated by some that full implementation could take up to 10 years, with the full cost of the reforms totalling around £5.3 billion as according to the estimate from the impact assessment. Once it passes committee stage, it will then pass to report stage to then go to a final, third reading. It is estimated that the Bill could gain royal assent as soon as summer 2025. We will continue to endeavour to update members on any and all changes to the bill as it progresses through the parliamentary process.
The first Public Bill Committee will meet on Tuesday the 9th of June, and is expected to report by 5pm on Thursday the 26th of June. Of course, the Committee may conclude its consideration earlier than this given date, so it is recommended to get in touch as soon as possible if you have relevant expertise or evidence you wish to contribute.
If you would like to contribute towards our submission, please contact:
Harrison Box, Policy Officer
