Key Summary
- As per the old act, autistic people and those with learning disabilities, who don’t have a mental health condition, also used to get inappropriately detained
- Black people were 3.5 times more likely to be detained than their White counterparts
- The Mental Health Act implements reforms proposed by Sir Simon Wessely in his "Independent Review of the Mental Health Act" in 2018
A new legislation in mental health care is expected to modernise outdated mental health laws and improve care for seriously ill patients.
The new act, which has received Royal Assent, will reform the outdated Mental Health Act of 1983 and ensure that patients have stronger rights and greater control over their treatment.
Families and carers will have more involvement in decisions around treatment, giving them a say in supporting their loved ones.
It will also support NHS staff to provide more personalised care for those who need it.
As per the 1983 act, those detained had little say over their care and treatment and who should be involved in it.
Black people were 3.5 times more likely to be detained than their White counterparts.
Autistic people and those with learning disabilities, who don’t have a mental health condition, also used to often get inappropriately detained.
Racial disparities in treatment will be addressed through clearer guidance for mental health professionals.
The act will also strengthen the rights of children and young people to make their wishes and feelings more central to decision-making.
The courts will no longer be able to detain someone in prison as a place of safety while they wait for a hospital bed for treatment.
The Mental Health Act implements reforms proposed by Sir Simon Wessely, of King's College London, in his "Independent Review of the Mental Health Act" in 2018.
Wessely said, "As public attitudes towards mental illness have shifted, so must the law. And today it has. So this is a good moment for me to thank the many campaigners, clinicians and brave individuals with lived experience of the act who made this possible."
Mental Health and Wellbeing minister Sarah Murphy said, "The bill supports the rights-based approach we are taking to mental health support in Wales, as set out in our 10-year mental health and wellbeing strategy."
NHS Confederation mental health director Rebecca Gray, said, “The passing through parliament of the mental health bill provides a long-awaited update to mental health legislation. A key driver for reform was to help address race inequity regarding the number of people from black communities detained under the Mental Health Act and placed on community treatment orders.
“We welcome elements of the act that will, over time, reduce detentions of people with learning disabilities and autistic people who do not have a co-occurring mental health disorder."
