What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis.
The Department of Health and Social Care said the reforms – building on the recommendations made by Sir Simon Wessely’s Independent Review of the Mental Health Act in 2018 – would also:
The reforms, some of which will require a new Mental Health Bill, will also ensure the Act’s powers are used in the least restrictive way, that patients receive the care they need to help them recover, and all patients are viewed and treated as individuals, the DHSC said.
The government will consult on a number of proposed changes, including:
Health and Social Care Secretary Matt Hancock said: “I want to ensure our health service works for all, yet the Mental Health Act is now 40 years old. We need to bring mental health laws into the 21st century. Reforming the Mental Health Act is one of our central manifesto commitments, so the law helps get the best possible care to everyone who needs it.
“These reforms will rightly see people not just as patients, but as individuals, with rights, preferences, and expertise, who are able to rely on a system which supports them and only intervenes proportionately, and which has their health and wellbeing as its centre.
“This is a significant moment in how we support those with serious mental health issues, which will give people more autonomy over their care and will tackle disparities for all who access services, in particular for people from minority ethnic backgrounds.”
Amongst other things a national organisational competency framework for NHS mental health trusts will be introduced, referred as the ‘Patient and Carers Race Equality Framework’ (PCREF).
The PCREF will be “a practical tool which enables mental health trusts to understand what steps it needs to take to improve black, Asian and minority ethnic communities’ mental health outcomes”, the Department said.
The White Paper also says that neither learning disability nor autism should be considered a mental disorder for which someone can be detained for treatment under section 3 of the Act. Instead, people with a learning disability or autistic people could only be detained for treatment if a co-occurring mental health condition is identified by clinicians, the DHSC said.
For changes which require legislation, consultations will continue until early spring 2021. A draft Mental Health Bill will be shared next year.
Four principles, developed by the review and in partnership with people with lived experience, will guide and shape the approach to reforming legislation, policy and practice, the DHSC said. These are:
Responding to the launch of the white paper, Cllr Ian Hudspeth, Chairman of the Local Government Association’s Community Wellbeing Board, said: “Mental health inequalities have been exacerbated by the coronavirus pandemic and this white paper is an excellent opportunity to update the law and improve support for everyone who needs it. We strongly support the objective to give people a stronger say in their treatment.
“Councils play a significant role in mental health, both in terms of its statutory duties under mental health legislation and supporting treatment and recovery.
“The challenges with the current Act are also indicative of a system that is under strain because of increased demand and reduced funding. Any reform of the Mental Health Act needs to include ongoing funding for councils’ mental health services, so they can continue to invest in effective support to meet existing, new and unmet demand.”