Mental Health Act 1983 (MHA)

I firmly support the Government's commitment to see mental health treated on a par with physical health, which is why I welcomed the consultation on changes to the MHA that took place in 2021 and the publication of the draft Mental Health Bill in 2022.

The draft Mental Health Bill will alter the balance for detention so that it is only used as a last resort. People will only be detained if they pose a significant risk to themselves and others and if they will benefit from the treatment made possible by detention. Too many people are currently admitted into institutions when they would better served in the community.

The legislation is also intended to limit the scope for detaining people with a learning disability or autism unless they have a mental illness that justifies a longer stay. The draft Bill will also seek to increase the autonomy and dignity of people who require inpatient support for their mental health including those in the criminal justice system.

Finally, the draft legislation will seek to address racial disparities by providing greater scrutiny of decision-making and an expanded access to independent tribunals.

The draft Bill has undergone pre-legislative scrutiny in Parliament before progressing formally through the House of Commons and House of Lords in the usual way. I will of course continue to monitor this issue carefully, to ensure that the changes to the MHA work for patients, families and carers by putting patients at the centre of decisions.