There have been concerns that detention rates under the
Mental Health Act – passed more than 3 decades ago – are
too high. The number of detentions has been rising year
on year. Last year on average there were 180 cases a day
where people were sectioned under the terms of the act.
The Mental Health Act sets out rights and obligations
that govern when and how the state can detain and treat
someone in relation to their mental illness. It includes
specific provision for individuals in contact with the
criminal justice system.
People from black and minority ethnic populations are
disproportionately affected, with black people in
particular being almost 4 times more likely than white
people to be detained.
The review will be chaired by Professor Sir Simon
Wessely, a former President of the Royal College of
Psychiatrists. It will seek to address concerns about how
the legislation is currently being used, and give
recommendations for improving practice in the future.
The review will look at existing practice and evidence.
It will consider the needs of service users and their
families, in order to tackle injustices and improve how
the system supports people during a mental health crisis.
In particular, the review will consider:
-
why rates of detention are increasing – what can be
done to reduce inappropriate detention and improve
how different agencies respond to people in crisis
-
reasons for the disproportionate number of people
from certain ethnic backgrounds, in particular black
people, being detained under the act, and what should
be done about it
Following consultation with stakeholders, Sir Simon will
produce an interim report identifying priorities for the
review’s work in early 2018, and develop a final report
containing detailed recommendations on its priorities, by
autumn 2018.
The review is part of a set of measures to improve mental
health provision and tackle what the Prime Minister has
described as the ‘burning injustice’ of mental illness.