BPS response to Joint Committee on the Draft Mental Health Bill report

The Joint Committee on the Draft Mental Health Bill has today published its report of recommendations in response to the government's proposed reforms to the Mental Health Bill.

In its report, the Joint Committee has welcomed the draft Mental Health Bill, saying it makes important changes to introduce more choice, accountability, and oversight into the use of the Mental Health Act.

However, the report has highlighted several key recommendations for the Bill, saying it must be strengthened to address rising numbers detained under current legislation and tackle unacceptable and inexcusable failures on racial inequalities.

Sarb Bajwa, chief executive, said in response to the report:

"We welcome the Joint Committee's report, and in particular its focus on tackling the shocking racial disparities that continue to be a source of shame for our mental health system. For too long, people from ethnic minority backgrounds, particularly Black people, have been discriminated against, and inappropriately treated and detained. It is right that measures to hold authorities to account are introduced.     

"We are pleased to see the report reflect our submission that the definition of appropriate treatment for Appropriate Treatment Tests must include non-drug based treatments. The report also shares our concern that bodies require further resource to achieve a proposed statutory 28 day time limit to make sure individuals with severe mental health needs are transferred from inappropriate prison environments, to hospital settings.

"It's vital that significant investment in high quality community care provision for people with learning disabilities or autism is made to help prevent long and inappropriate detentions under the Mental Health Act. It's essential that this investment is made before commencement of those parts of the Bill that remove learning disabilities and autism as a condition for which people can be detained under Section 3.

"The recommendation for a specialist Tribunal panel of individuals with an understanding of learning disabilities or autism to pre-authorise detention beyond 28 days could be a workable solution. However, we need more detail about how this panel will be operated and the resource that is needed. This is particularly important when we consider the potential impact on inpatient services that are already at breaking point."