BPS members work alongside Public Affairs team to call for key changes in the Mental Health Bill

In November 2024, the Mental Health Bill 2024 was first introduced; a huge step forward in fixing the often unequal and unfair measures in the Mental Health Act 1983. The Bill aims to reform the 1983 Mental Health Act by ensuring it is fit for purpose for today and addressing stark inequalities in the mental health system. 

As the Mental Health Bill has progressed through parliament, the BPS Public Affairs team have worked closely with BPS members on what policies to call for. Members' feedback was included in briefing material for members of the House of Lords at the Bill's Second Reading and Committee stage, which made key calls around strengthening protections for patients and increasing funding across the system. 

What are we calling for? 

• Detention reforms - The Bill outlines that no one should be detained under the Mental Health Act unless they pose a 'serious harm' to themselves or someone else. We agree with this position but believe that 'serious harm' needs to be defined.  We also call for further clarification on the definition of 'appropriate medical treatment'. We believe that the prospect of alleviating the manifestations of a disorder must be weighed up against the impact which treatment could have on an individual's overall risk. 
• Patient's voice in their treatment – We welcome the amendments in the Bill that will give patients more authority in the treatment process. We've also recommended that treatment providers should outline a comprehensive treatment plan for patients to engage with. 
• Police stations banned as places of safety – People should never be detained in police stations. They've been described as distressing and can reduce someone's chance of recovery. We're pleased to see an amendment banning police stations as places of safety but call for an increase in funding for healthcare services and the psychological workforce for genuinely safe and welcoming places where patients can receive psychological support. 
• Faster prison to hospital transfer – We're pleased that the Bill will place a limit on the time someone can be transferred from prison to hospital to 28 days. However, for the new transfer period to work, this duty needs to be backed up by practical availability of resources within the healthcare system. 
• Greater consideration for people with autism and learning disabilities – Without necessary and additional investment in community-based services, the proposed changes to remove autism and learning disabilities from section 3 of the Act (admission for treatment), will have substantial and potentially harmful unintended consequences for the individuals these changes are intended to support. We are calling for the government to conduct a review of the Building the Right Support Action plan to ensure that people with learning disabilities and autism can be supported to live in the community before these changes are implemented. 
• Racial disparities – We believe that the Mental Health Bill doesn't go far enough to address racial mental health inequalities. There needs to be a detailed action plan with key targets introduced. 
• Section 12 approval eligibility – Applications for detention under civil sections of the 1983 Mental Health Act require at least one recommendation from a registered medical practitioner who is approved under section 12 of the Act. The BPS recommends that this legislation is amended so that all approved clinicians (including psychologists) are eligible for section 12 approval. 

Professor John Taylor, Chair of the Mental Health Act Advisory Group, said: 

"Mental health legislation is important as it provides one of very few instances when, under human rights conventions, the state can lawfully deprive a person of their liberty – as well as potentially compel them to receive treatment for a mental disorder. The current government is proposing significant changes to this legislation that will affect greatly those subject to it, their families and carers, and those working professionally in this area. 

"It's important that views and concerns of professional psychologists are heard. Through the BPS Public Affairs team's work with BPS bodies including the Mental Health Act Advisory Group, law makers and officials have heard and taken into account the views of BPS members as these changes are being debated in parliament."   

The BPS Public Affairs team continues to work closely with our members as the Bill continues its passage through parliament and are grateful for all their engagement and support on this vital piece of mental health legislation.