PARLIAMENTARY DEBATE
Mental Health Act Reform - 13 January 2021 (Commons/Commons Chamber)
Debate Detail
We are committed as a Government, and as a nation, to see mental health treated on a par with physical health. We are increasing funding for mental health services to record levels, with £2.3 billion extra each year being invested through the NHS long-term plan, and an immediate £0.5 billion in place to support mental health services given the very significant pressures they are under. Our mental health services are now helping more people than ever before. Services are there for the most serious mental illnesses, although those, of course, are under significant pressure. Services are there for better community support through 24/7 crisis services and establishing liaison in A&E, and supporting people to manage their own mental health.
This programme of transformation is ambitious, and as we support mental health services now, so we must bring up to date the legislative framework for the long term. The Mental Health Act 1983 was created so that people who have severe mental illness and present a risk to themselves or others can be detained and treated for their protection and the protection of those around them, but so much has changed since the Act was put into place, nearly 40 years ago. We now understand a lot more about mental health. Public attitudes around mental health have changed significantly for the better. We now have a better understanding of, and practice for, how we can best support people with learning disabilities and/or autism. We are also concerned by the growing number of people being detained, inequalities among those who are detained, and the length of time that people are spending detained under the Act.
So, after a generation, we must bring the Mental Health Act into the 21st century. The previous Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), asked Professor Sir Simon Wessely to lead a review into what a modern mental health Act should look like. I thank her for her work, and I am so grateful to Sir Simon and his vice-chairs for their dedication. As I said to the House last year on its publication, the Wessely review is one of the finest pieces of work on the treatment of mental health that has been done anywhere in the world. I know that the review was welcomed across the House. We committed in our manifesto to delivering the required changes, and I am grateful to the Prime Minister for his emphatic support.
Sir Simon’s review shows compellingly that the Mental Health Act does not work as well as it should for patients or their loved ones—that the Act goes too far in removing people’s autonomy and does not give people enough control over their care. I am delighted to set out our full response to that review in our White Paper, which, together with my right hon. and learned Friend the Lord Chancellor, I have laid before the House.
The White Paper sets out plans for a landmark new mental health Act. The new Act will ensure that patients are put at the centre of decisions about their own care; that everyone is treated with respect; and that the law is only used to compel treatment where absolutely necessary. The White Paper has been developed in close consultation with those with the greatest expertise—the Royal College of Psychiatrists, Rethink Mental Illness, Mind, the Centre for Mental Health and countless practitioners on the frontline—and I thank them all.
There are four pillars to this work; I should like to take a moment to update the House on all of them. First, we will give patients a voice in their own care, which we know leads to better engagement in treatment. We will put care and treatment plans and advance choice documents in statute for the first time, so that patients are more closely involved in the development of their care, and so that they can have confidence that if they lose capacity because of illness, their preferences will be properly considered. We are making it easier for patients to challenge decisions about their care, creating a new right to choose a nominated person who is best placed to look after their interests, and increasing patients’ access to the independent tribunal to provide vital independent scrutiny of detention. In his report, Sir Simon recommended that one of the best ways to ensure dignified care is to ensure that patients can expect the privacy of their own en-suite room. We have already committed £400 million of funding to deliver that, and we are building new mental health hospitals, with two schemes already approved and with more to come.
Secondly, we will address the disparities that currently exist within the application of the Mental Health Act. Black people are currently four times more likely to be detained under the Mental Health Act than white people, and black people are 10 times more likely to be placed on a community treatment order. We also know that people from black and minority ethnic backgrounds often engage with services later, and our plans to enhance patient choice, increase scrutiny of decisions and improve a patient’s right to challenge will help us to improve service provision for all. On top of that, we have already announced our new patient and carer race equality framework, as recommended by the review, and we are developing the use of culturally appropriate advocates, so that patients from all backgrounds can be supported in making their voice heard.
Thirdly, it is important that the Act supports patients within the criminal justice system. We will make sure that, where people in prison require treatment in a mental health hospital, they are transferred in a timely way, and we will support rapid diversion from custody to care where appropriate so that people in our criminal justice system can get the right care in the right place at the right time, while we fulfil our fundamental duty to keep the public safe.
Finally, in our manifesto, we committed to improving how people with learning disabilities and autistic people are treated under the Act. Until now, the use of powers in the Act did not distinguish between people with mental illness on the one hand, and people with learning disabilities and/or autism on the other. That is wrong. Needs are different and the law should be different, too. That is all part of treating everyone with respect. We therefore propose reforms to limit the scope to detain people under the Act where their needs are due to their learning disability or autism alone. In future, there will be a limit of 28 days for these detentions, which would be used to assess clinical need, and, wherever possible, we will work to ensure that appropriate support is available in the community rather than in institutional settings. I thank Baroness Hollins, Ian Birrell, Mencap and the National Autistic Society for their advocacy and for their support for these reforms.
This Act is there for us all and we want to hear as many views as possible on these plans, so we will consult widely on this White Paper and will respond later this year before we bring forward a new mental health Bill. I believe that everyone in our society has a contribution to make and that everyone should be respected for the value that they bring. It is the role of Government to support people to reach their potential, even at the most difficult of times, and to protect people when they are at their most vulnerable. That is what I believe, and I believe these reforms will help put those values into action and help give patients the dignified treatment that they deserve. I commend this statement and the White Paper to the House.
Without a doubt, people need to be at the heart of this legislation. Service users must be involved in framing the legislation going forward, and when we talk of numbers and statistics, we must remember that these are real people with real lives and real families. There is a web of individuals who are affected when things go wrong. Deprivation of liberty and the use of coercion can cause lasting trauma and distress. That is especially true for children and young people who find themselves in these most difficult of situations, whose voices often are not heard when decisions are being made. It is an important step that learning disabilities and autism will no longer be grounds for detention under the Act, and I am sure that we all welcome that. It is also very welcome that the recommendation on nominated persons has been included.
The best way to reduce coercion and detention is to have alternatives to admission. Will the Secretary of State please outline how that will be achieved? Community provision is vital for mental health services that are truly joined-up and, crucially, work well for patients, so will he also give reassurances on community care?
It is in our communities that we witness the harsh reality of health inequalities, which so desperately need to be addressed. Social inequalities and adverse childhood experience are the drivers of mental ill health, and they cannot be ignored. Children from the poorest 20% of households are four times more likely than those from the wealthiest 20% to have serious mental health difficulties by the age of 11. That will not be solved simply by mental health legislative changes; there must be a commitment to addressing the vast chasm of health inequalities across the country.
At present, black people are over four times more likely to be detained. We need to advance the mental health equality framework, and there must be culturally appropriate services and freedom for local areas to look at their specific population in order to have the most suitable approaches.
Mental health staffing levels are crucial to ensuring that mental health services are fit for purpose. The proposals set out by the Secretary of State go well beyond what has been committed in the long-term plan. We need to see true understanding from the Government that mental health is not about promising fancy equipment; it is about people. The promises in the White Paper rely on the workforce—our fantastic frontline mental health staff, of whom there are simply too few at present. Will the Secretary of State please outline when we will get the workforce settlement? What reassurance can he give on filling training places?
It has already taken so long to get to this point—it was the former Prime Minister who started this process, back in 2016—so will the Secretary of State provide some clarity on the timeframe going forward? Given the complexities of the legislation and the need for it to be robust, what are the plans for a joint prelegislative Committee? It is vital that the blueprint that Sir Simon Wessely’s report sets out is implemented in full. I would like to take this opportunity to thank him and everyone involved for all the work they have done on this review.
We must act, and quickly. Covid has shown us how all the pressures on mental health are building. We need action now. We all know how rare these pieces of legislation are; this is a once-in-a-generation opportunity to get it right for some of the most vulnerable in our society. We simply must get this right for everyone who depends on these services.
The shadow Minister is absolutely right, too, that service users must be at the heart of framing the legislation. If I may link that point to her question about the timeframe, the challenge of the timeframe is to ensure that we move fast enough to help people and get the new legislation on the statute book as quickly as reasonably possible, but at the same time continue with the consensus-based approach that we have taken.
I am very grateful, as I said, for the work of Sir Simon and the NHS team, and I am grateful that we have managed to develop this White Paper with broad consensus among those who provide mental health services and service users, and politically across the House. I think that is an important consensus to keep, and I want to try to keep it by ensuring that we take as open an approach as possible to the legislation. I am absolutely open to joint prelegislative scrutiny, and I am absolutely open to the publication of a draft Bill. Let us get the details right, and let us work together on this and keep it as consensual as possible.
I also agree with the hon. Member’s point about the need to tackle broader health inequalities, and covid has laid bare some of those. That is a core part of our levelling-up agenda, and it is an important consideration for both physical and mental health. I am glad to say that this landmark White Paper, which will lead to a once-in-a-generation Bill, is proceeding with the support of the Opposition. I am really pleased about that, because this is for everyone. It is to make sure that some of the most vulnerable people in our country get the support they need and deserve.
My right hon. Friend is absolutely right about the urgent pressures right now in mental health services right across the country, so I am really pleased that during the pandemic we have been able to keep work going on the policy and the new legislation that we are proposing. At the same time, however, in hospitals and in GP surgeries right across this country, there is urgent pressure on mental health services, and we know that there are mental health impacts of the actions that we have to take to control covid.
As I said in my statement, we have put in more money in the short term, on top of the long-term plan that was agreed when my right hon. Friend was Prime Minister. We are committed to doing everything we can to support people with mental ill health and, crucially, to support people to keep their mental health strong, even if they do not have a mental illness, because these are difficult times. The good public health approach means that, just as looking out for our physical health and our mental health is important for all of us, so too is the provision of acute services for people with serious mental health conditions, which is under strain right now. We are willing to—and have—put the money in at the spending review, but we must also support the clinicians on the frontline who are working so hard right now.
As chair of the all-party parliamentary group on psychology, I hear about difficulties in the current mental health system across the UK from patients themselves, including for those who self-harm but who may not meet a diagnosis of mental disorder. There exists a cycle of assessment and discharge for patients. Will the progress announced meet their treatment needs?
There is also an issue about accessibility of services for those with comorbid mental health and addiction issues, including access to rehabilitation units. How will comorbidity be addressed within the reforms? We know that those with autism are currently over-represented in our criminal justice systems. Will diversion services make sure that this great disparity in access to care in a crisis for the most vulnerable people with autism is finally addressed?
Part of the point of separating the attitude in law towards those with mental ill health and those with learning disabilities and autism also relates to treatment when there is an interaction with the criminal justice system. It is absolutely critical to get this right. It is difficult, and a huge number of people are working very hard to get this right on the frontline, but at the moment they are hampered by the law when it comes to how that can happen. I hope that in the future they will be supported by the law such that they can make sure people get the right support and the right treatment, whether those people are in the criminal justice system or—as with the vast majority—they are law-abiding and need support from the state because they are in a vulnerable condition.
Will my right hon. Friend use this landmark moment to follow what Italy has done and close down all such units, so that these highly vulnerable people can be looked after more humanely in the community?
Of course, where there is a criminal justice element or restriction, that can be more difficult. However, we must make sure that the treatment and setting are appropriate for each and every person. Very often, a mental health setting is not appropriate for somebody with learning disabilities or somebody with autism, for whom it can in fact be the opposite of appropriate; it could be the worst place.
My right hon. Friend will know, as the Chair of the Select Committee, that the Care Quality Commission has in fact closed a number of settings during the pandemic, and we must make sure that we build more capacity. We have the budget in the spending review to do that and some of that building work is under way. There is a huge programme of work on the physical estate side and on training staff, as the hon. Member for Tooting (Dr Allin-Khan) mentioned, as part of the legislative change. No one element of that transformation works without all the others.
As GPs form larger groups—for instance, through primary care networks—the ability to have more specialist help is strengthened. I want to see closer integration between primary care, mental health trusts and acute trusts within the NHS. Throughout its history, the NHS has held mental health trusts separately from the provision of other services. It is increasingly clear that their integration, rather than separation, is the way forward.
The abolition of the appalling practice of using prison as a place of safety for those who are mentally unwell is particularly welcome. That was unfair on the individuals and on the prison staff who had to deal with them under often unsatisfactory conditions. It frequently happened because at the end of a hearing, magistrates or judges had endeavoured to find a hospital place, but none was available at the end of the day. What practical steps and resources will be put in place to ensure that a hospital place is identified before the defendant appears in court, so that they can be taken swiftly and seamlessly to an appropriate safe place, rather than prison?
I also pay tribute to my hon. Friend. She was the Minister responsible for mental health during much of the framing of the review, and the initial turning of that review into this White Paper. She did that with such sensitivity and thought, and—crucially—by actively listening to what people want when they are at some of the most vulnerable points of their lives. It is not easy to do that; it requires skill and compassion, and my hon. Friend has both of those in spades.
With our new opt-out organ donor scheme, thousands more will receive the gift of life. Will my right hon. Friend please advise me on what more can be done to ensure that the mental health of donor recipients is treated on an equal footing with their physical health?
May I ask the Secretary of State this specific question: will there be proposals to have a review timeline in these measures—say, two years? As we often find in Parliament, putting forward legislation and how it works in practice are two separate things. Linked to that, will he clarify, with regard to parity of esteem between physical health and mental health, what proportion of NHS frontline staff dealing with individuals suffering from mental ill health have had the covid-19 vaccination, as well as patients suffering from mental ill health themselves?
I am grateful for the broader point that my hon. Friend makes. There are NHS staff on the frontline who have supported people through very traumatic experiences over these past few months, during 2020 in the first peak, and then even more intensively, in some cases, over the past few weeks—and it is even harder this time round, because it has happened after a whole year of dealing with this pandemic. Making sure that we support the mental health of those working on the frontline in emergency departments and in intensive care units is incredibly important.
We have put extra resources into making sure that people get these services. Often with the NHS it is about encouraging people to come forward to access the services. Of course, Sir Simon Wessely first came to prominence working with the Army, helping it to deal with post-traumatic stress disorder. We have to make sure that we put in all possible support for frontline NHS staff who have suffered trauma because of what they have seen and what they have had to do in looking after us all in this covid pandemic. We have to make sure that they are looked after, and I make a personal commitment today that we will do all we can to look after them.
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