Law Society calls for Mental Health Act reform to be prioritised after data shows disproportionate impact on Black British people

The Law Society has said that reforming the Mental Health Act “must be a priority for the government” after annual statistics on the Mental Health Act have revealed that Black British people are still disproportionately affected in terms of detention and treatment compared to white people.

The Mental Health Act should be used in the “least restrictive way possible” and people who are detained against their will should have their views and choices respected, the Law Society said.

It has announced that it is monitoring the progress of the Draft Mental Health Bill and will work to ensure the legislation enables patients to have a “greater say in their care”.

Annual figures provided by the NHS show that in 2021 to 2022, there were 53,337 new detentions under the Mental Health Act.

The statistics also show that detention rates for Black British people (341.7 detentions per 100,000 population), were over four times those of white people (72.4 per 100,000 population), while Community Treatment Orders (CTOs) – which require a person to receive supervised treatment in the community – were used for Black British people at 11 times the rate of white people.

Law Society of England and Wales Vice President Nick Emmerson said: “The current system means there is a risk that compulsory detention and treatment is used too often and that patients do not have enough involvement in decisions about their care.

“We welcome the government’s commitment to reforming the Mental Health Act and support the introduction of new safeguards for patients refusing medication.

“These figures show why change must happen sooner, rather than later. There is also a need to ensure the mental health tribunal is properly funded, given the increased role it will have under the government’s proposals.”

The Law Society has called for the government to ensure that people subject to a Community Treatment Order still receive an automatic referral to the Mental Health Tribunal if they are recalled to hospital and kept there for treatment.

Emmerson added: “As well as facing higher rates of detention, Black British people experience poorer outcomes.

“The Mental Health Act should be used in the least restrictive way possible and people who are detained against their will should have their views and choices respected.

“We are monitoring the progress of the Draft Mental Health Bill and will work to ensure this vital legislation enables patients to have a greater say in their care and ensures access to justice by enabling people to challenge inappropriate treatment.”

Lottie Winson