My ministers will legislate to modernise the Mental Health Act so it is fit for the twenty first century [Mental Health Bill].
Has anyone heard anything about what is being planned? Are they just going to pick up where the last lot left off?
Hi Nick - it looks like it. See the background briefing you can get to via here: Mental Health Act reform – full steam ahead? – Mental Capacity Law and Policy. That link has also got the MHA as it would look if amended by the draft Bill.
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Is there any equivalent planned revision to the MCA and DoLS? I’ve recently seen how structural failures in existing practice can be (and are being) exploited to legally abuse vulnerable people for the benefit of other parties, and feel motivated to help improve the framework if there is an opportunity to do so.
Let’s hope that they will take a much needed fresh look at what is needed on the legislative front.
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The official briefing describes the 83 Act as “woefully out of date” and that the Bill “takes forward the vast majority of Professor Sir Simon Wessley’s 2017 recommendations.” Which begs the question as to how “out of date” is defined and whether or not the Wessley review could be so described now?
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I have read the briefing notes to the Kin’s Speech as they pertain to the MH Bill. The stated aims are exactly the same as the ones for the original MH Bill that got shelved. There is no detail as to whether they are just going to follow the same pathway but there is this statement:
“These reforms will take a number of years to implement, as we will need to recruit and train more clinical and judicial staff. We plan to introduce these reforms in phases as resources allow, and we will not commence new powers unless we have sufficient staff in place that means it is safe to do so.”
Judge for yourself what that means. I interpret it as meaning they are going to take a long time to change things.