Revised mental health laws introduce police limitations
In a bid to update ‘outdated’ mental health laws the government have confirmed police will no longer be able to hold people detained for mental-health reasons in cells.
When they first came into power, Labour pledged to reform the mental health legislation and recent events show the party is doing just that. Currently, in England and Wales police officers can detain – or section – people under the Mental Health Act for their own safety. Individuals can be taken to a number of establishments including hospitals and cells.
According to the latest research, in 2023 34,686 people were detained under these circumstances and the majority were taken to A&E. However, 314 detentions were to a police cell. If individuals are brought here, they can only be held for 24 hours and must be assessed by a social worker and doctor during the period.
Official statistics also outlined the system was discriminating against black people and criticised how it treated autistic people and people with a learning disability.
Against this backdrop, health secretary Wes Streeting has called current mental health laws ‘outdated’ and claimed they need serious revisions to bring it ‘in line with the 21st century’.
Under the new Mental Health Bill, which was published yesterday, a 28-day limit will be placed on how long autistic people and people with learning disabilities can be detained, unless they have a co-occurring health condition.
What’s more, the legislation will also give people rights to select a person to represent their interests and introduce additional requirements on clinicians to consult with people close to patients about their care.
Commenting on the news, Mark Winstanley, chief executive of Rethink Mental Illness, said: ‘People tell us that the Mental Health Act has saved their life, but that the experience was horrendous. It is hard to fathom that when people are at their most unwell, they are still routinely placed in prison cells, have no say in who is appointed as their nearest relative and have so little involvement in their treatment.
‘Reform of this vital legislation is long overdue, and [it] marks another important step towards the reality of a Mental Health Act fit for the 21st century. Reform should help ensure people are with dignity and respect and help to protect us all.’
Dr Sarah Hughes, chief executive of Mind, added: ‘[The] introduction of the Mental Health Bill brings us a step closer to a more progressive mental health system for the 50,000 people who are sectioned each year – but we still need to look at whether it will fully go the distance for meaningful change. The Bill has the potential to be an historic moment for people with the most serious mental health problems and their loved ones, as well as the clinicians and experts who have fought tirelessly to bring the outdated Mental Health Act 1983 into the twenty-first century.
‘The introduction of statutory care and treatment plans and the removal of police and prison cells as ‘places of safety’ are vital in creating a step change in how people are supported at times of crisis and as they live with enduring mental illness. However, the systemic racism enabled by the Mental Health Act was one of the key drivers behind these reforms. Those of us from racialised communities are still disproportionately impacted by restrictive and unfair practice and poor outcomes, and this shames us all. We must address this.’
Full details about the revised Mental Health Act can be found here.
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