The first King’s Speech of the new Parliament contained prominent mention of a new Mental Health Bill – something which was entirely absent from the previous King’s Speech in late 2023. This is not new news – it pledges to continue the process of mental health law reform which most relevantly began when Professor Sir Simon Wessely was asked by (then) Prime Minister Theresa May to review the Mental Health Act 1983 (MHA). In 2018, Sir Simon published his report and there has been a lot of back and forth in the intervening six years.
I was involved in that review, representing the police service in the discussions about how the law might change and advising on the police implications if it did. It was a privilege to have the opportunity to do something like that, being able to make direct suggestion of legal changes which did make it in to Sir Simon’s final report and which have been included in the previous government’s publications so far. We don’t know how long it will take to see a Mental Health Bill emerge or receive Royal Assent and there is scope for the new government to make decisions afresh about what will be included, but I hope in due course to be able to say “I got the law changed!”
At the first meeting of the advisory board for Sir Simon’s review, he arranged for Professor Genevra Richardson to be the first speaker. She had been chair of the previous MHA review in 1999 which led, in the end, to the Mental Health Act 2007. Her first warning to all of us beginning the process of review to emphasise the eight-year timescale between her review and a new Act of Parliament, stressing we needed to be in this for the long haul and I remember that warning as we sit here six years on, learning a Bill will be introduced at some point in the next five years – this process will likely end up being longer than hers and cuts across the politics of different governments.
JOINT COMMITTEE
All that said, plenty has already been done – there has already been a Joint Committee of the House of Commons and House of Lords who have reported on the previous draft Bill. We have seen many debates and discussions about this so I’d like to hope today’s announcement in the King’s Speech will mean it’s a faster process than it may otherwise be. We then need to remember, any new Act of Parliament may have a delayed introduction to allow agencies like the police and NHS to prepare for the legal changes. They didn’t actually prepare for the legal changes in the 2017 Policing and Crime Act which changed the police powers part of the MHA, but I can be hopeful they’ll prepare for something more wide-ranging.
The idea has always been that a new Mental Health Bill will simply amend, albeit in some substantial ways, the existing Mental Health Act 1983. We will still be talking about the MHA ’83 as the principle piece of legislation, as amended by the new Bill and all the other amendments over the last forty-plus years.
You can read other posts and other blogs about the detail of the MHA reform now being re-started –
- Professor Wessely had completed his review
- The previous Government then issued a response,
- A White Paper was published to set out government’s intentions
- A draft Mental Health Bill 2022 was published, ready to begin a parliamentary process
- The Joint Committee of the Houses of Commons and Lords reported on it.
- Alex Ruck Keene KC (Hon) is a leading barrister and was legal advisor to the review – his blog contains a wealth of material on this subject from a much more legal perspective.
Selected highlights in the draft Bill we’ve already heard suggested, include –
- A higher threshold for someone to be ‘sectioned’ under the MHA.
- The exclusion of autism and learning disabilities from the ‘civil’ sections of the MHA.
- Removal of police stations as a Place of Safety under the Act, for sections 135/136 MHA.
- New powers for Magistrates to deal with mentally disordered defendants on their first appearance.
There it is – we can now only wait for Department of Health announcements about whether the Draft Bill, above, is the draft which will start the process or whether the new government are putting their own stamp on things; and then wait for a sense of timescales which may apply.
Winner of the President’s Medal, the Royal College of Psychiatrists.
Winner of the Mind Digital Media Award
All opinions expressed are my own – they do not represent the views of any organisation. (c) Michael Brown, 2024
I try to keep this blog up to date, but inevitably over time, amendments to the law as well as court rulings and other findings from inquests and complaints processes mean it is difficult to ensure all the articles and pages remain current. Please ensure you check all legal issues in particular and take appropriate professional advice where necessary.
Government legislation website – www.legislation.gov.uk
Mental Health Cop 