Mental Health Act to be overhauled
Concern has been raised at proposals to introduce compulsory treatment for mental illness
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Wednesday, 15, Nov 2006 04:00
An overhaul of the 1983 Mental Health Act was announced today during the Queen's speech to parliament.
Reforms to the act would, the Queen said, "provide a better framework for treating people with mental disorders" in England and Wales.
This framework would include changes to the Mental Capacity Act to introduce compulsory safeguards for people with a mental disorder who are deprived of their liberty but are not under mental health legislation.
Proposals in the bill include the introduction of supervised community treatment for some patients discharged from compulsory treatment in hospital and a new definition of mental disorder and treatment test to replace the so-called treatability test.
Responding to the announcement, Paul Farmer, chief executive of the mental health charity Mind, said: "We urgently hope that the final process of this long drawn-out saga will result in a piece of legislation that is not a wasted opportunity.
"It must provide compassionate treatment and care people with mental health problems. The 1983 Act needs updating. But it needs to provide care for people when they first need it, not leave them to reach a crisis state, or scare them away from seeking help by the threat of compulsory treatment."
And Dr Tony Calland, chairman of the British Medical Association's (BMA) ethic committee, warned that compulsory treatment could severely compromise the civil liberties of people with mental disorders.
"It is essential that anyone with a mental health disorder can only be compulsorily treated if there is some clear health benefit linked to this action," he said.
"Mental health legislation cannot be used to detain people whom the authorities simply want locked away. If people are deemed a danger to others then criminal proceedings need to be implemented, if appropriate."