This week the government announced long-awaited reforms to the Mental Health Act.
What is the Mental Health Act?
What changes are being proposed?
Following
an independent review, the government have proposed 4 new principles for the Mental Health Act to incorporate. These are:
- choice and autonomy – ensuring service users’ views and choices are respected
- least restriction – ensuring the MHA’s powers are used in the least restrictive way
- therapeutic benefit – ensuring patients are supported to get better, so they can be discharged from the MHA
- the person as an individual – ensuring patients are viewed and treated as individuals
What does this mean for disabled groups?
The proposed reform has been welcomed by disability charities and organisations because the current Mental Health Act discriminates against autistic people.
The National Autistic Charity explains that the reform would mean changes to:
• The definition of “mental disorder” in the Mental Health Act. This definition currently includes autism, which means you can be sectioned for being autistic, even if you don’t have a mental health condition.
• Making Care and Treatment Review actions enforceable. Care and Treatment Reviews (CTRs) are held by clinicians and other professionals responsible for people’s care and can help autistic people get discharged sooner. But too often their recommendations and actions aren’t followed. The proposals in the White Paper mean that actions agreed in CTRs would be included in new statutory care and treatment plans, which would be looked at by mental health tribunals and could be enforced.
• The introduction of a duty to provide adequate community services. Too many autistic people get stuck in mental health hospitals because there aren’t the right services to support them in their homes. In the White Paper, the Government says there will be a duty for councils, NHS England and local health decision makers to provide enough services for autistic people in their area.
In addition to this, it is proposed to change hospital detention criteria meaning treatment must have clear therapeutic benefit, that can't be given in the community to alleviate substantial likelihood of harm.
Over to you:
- What do you think to the planned reform?
- Do you welcome these changes?
- Could more be done?