In a report published today following
legislative scrutiny, the Joint Committee on Human Rights has
proposed amendments to the Mental Health Bill.
Mental health detention and compulsory treatment raise
significant human rights issues. The Joint Committee welcomes
this overdue update to the legal framework governing the
detention and compulsory treatment of people with “mental
disorders”. It further welcomes the Bill's intent to strengthen
the voice of patients and increase the scrutiny of detention.
However, it also finds that improvements could be made in a
number of areas to enhance human rights protections.
The Mental Health Bill will be debated in the House of Commons
today (Monday 19 May).
Chair of the Joint Committee on Human Rights, Lord said:
“There is little question that the existing Mental Health Act
needs to be updated. Detention on mental health grounds is too
easily imposed and with too few safeguards for fundamental human
rights.
“The Joint Committee on Human Rights welcomes the broad thrust of
the Government's proposals but there is still room for
improvement. There are concerns around the treatment of children,
minority groups and a range of other areas. We have brought
forward constructive proposals that we believe will strengthen
the bill, helping to ensure that the human rights of people with
mental health issues are properly respected.”
Key findings of the report:
Children
The Bill could do more to protect the rights of children, the
report warns. The Joint Committee calls for the Bill to be
amended to make it harder to justify placing children on adult
wards. This should only take place if it is demonstrably in the
child's best interest. The Care Quality Commission should also be
notified immediately if any such placements are made.
Independent mental health advocates for children can play a vital
role in helping them understand and enforce their legal rights
when separated from their families. The introduction of an “opt
out” system is welcome but the Government should ensure it is
extended to informal patients.
Greater clarity is needed on the process for assessing the
competence of under 16-year olds to consent to or refuse
treatment. The Joint Committee calls on the Government to consult
on introducing a statutory test for this assessment.
Autism and learning disabilities
Proposals that would prevent autistic people or people with
learning disabilities from being detained for these conditions
alone are welcome. However, there are concerns that unjustified
detention could still occur due to an absence of effective
support in the community.
The Joint Committee welcomes the Government's commitment to
provide annual updates to Parliament on the implementation of the
Bill to ensure detention doesn't occur where community support is
lacking.
The Bill could still go further to ensure that mental health
needs are identified before they reach crisis point. The
Government should consider introducing the right to a mental
health assessment in England, as is applicable in Wales.
Racial and ethnic inequalities
A key factor in showing the need for reform of mental health
legislation was the disproportionate use of compulsory detention
and treatment in respect of people from minority ethnic
backgrounds. The inclusion of equitable treatment as a guiding
principle of the Bill would be a welcome step to prioritising the
reduction of disproportionate outcomes.
The Government should also do more to understand the causes of
inequalities in the application of the Mental Health Act. The
Joint Committee calls for a review of the use of Community
Treatment Orders, which a black person is seven times more likely
to receive than a white person.
Human rights protection gap
Recent case law has highlighted a gap in human rights protection
for mental health patients in state commissioned but privately
provided care. The Committee supports amendment of the Bill to
include a measure to address this gap.
Prisons
The Joint Committee welcomes measures to transfer prisoners to
more appropriate settings when continued stay in prison could
exacerbate mental health issues and violate human rights. It
welcomes the introduction of a 28 day statutory time frame for
hospital transfers and calls for relevant data to be collected to
ensure compliance.
