Law Society criticises absence of Mental Health Bill in King’s Speech amid calls for “urgent reform”

The Law Society, the Approved Mental Health Professionals Leads Network and charities have criticised the absence of a Mental Health Bill in this week’s King’s Speech.

The Government has however insisted that it remains committed to reforming mental health legislation and it will seek to bring forward a Mental Health Bill “when Parliamentary time allows”.

Last month, the Law Society called for urgent reforms to the Mental Health Act 1983, which it described as "outdated".

Responding to the legislation outlined in the King’s Speech, Law Society president Nick Emmerson said: “We are disappointed that the government did not commit in the King’s Speech to publish a new mental health bill.

“There is an urgent need to reform the Mental Health Act. […] It does not provide patients with enough agency or choice in their care and treatment, or ensure they are always given the dignity and respect they deserve.

“While the government introduced a draft Bill earlier this year to reform the Act, and has promised new mental health legislation since 2017, it continues to be delayed.

“We urge the government to prioritise Mental Health Act reform. The government must respond to recommendations on how to improve the draft Bill and then introduce new legislation. There is a need to act now.”

The AMHP Leads Network, which represents approved mental health professional leads and AMHP services, said the lack of a bill was “a significant failure of government”.

In a statement on 7 November, it said: “While far from perfect, the Mental Health Bill and the proceeding Mental Health Act Review represented at least an acknowledgement of the multiple racial disparities in the use of psychiatric compulsion and control. It acknowledged also the need to increase individual choice in care and treatment matters.

“That both priorities now appear lost from further statutory consideration at this time should be viewed a significant failure of Government.”

While declining to confirm whether there will be no reform of the Mental Health Act before the next election, a Department of Health and Social Care spokesperson said:

“We’re going further and faster to transform our country’s mental health services, with up to an additional £2.3 billion being invested annually by 2024 to expand services, so an extra two million people can get the support they need.

“We are continuing to pilot models of Culturally Appropriate Advocacy, providing tailored support to hundreds of people from ethnic minorities to better understand their rights when they are detained under the Mental Health Act.

“Anyone receiving treatment in an inpatient mental health facility deserves to receive safe, high-quality care and to be looked after with dignity and respect and we are committed to ensuring this happens.”

Lottie Winson