Law Society supports Mental Health Bill’s vital reforms but more work ahead

News

The Law Society of England and Wales has backed the amendments to the Mental Health Act 1983, which is a positive step towards ensuring that essential mental health services guarantee dignity, respect and access to justice for all.

This comes as the Mental Health Bill* goes into its report stage in the House of Lords on Monday, 31 March.

Law Society of England and Wales president Richard Atkinson said: “Mental health care is an essential public service. We are pleased to see that the Bill aims to provide patients with more involvement and support in decisions regarding their care.

“However, we ask the government to ensure that people are not detained under any legislation solely because they have a learning disability or autism, and that sufficient community care and crisis provisions are in place.

“We also urge parliament to introduce a new statutory test for child competence. Currently there is a presumption that children and young people under 16 are not able to decide about their mental health care unless they can demonstrate their competence. By providing professionals with a clear and consistent way of determining a child’s competence, people under 16 can also benefit from the reforms to the Bill **. Children and young people are the future, so providing clarity on their mental health is crucial.

“For the Bill to succeed as a vital public service, it must be supported by sufficient funding, clarity and safeguards. Dignity, clarity and justice in mental health services benefit everyone and create a stronger community.”

Notes to editors

* Read more about the Mental Health Bill here.

** Capacity is assessed for those 16 and older in accordance with the Mental Capacity Act 2005, which provides that the starting point for those 16 and older is that the person has capacity to make decisions unless found otherwise.

Law Society parliamentary briefing available upon request.