In the recent Kings Speech, the Government committed to introducing a new Mental Health Bill to reform and modernise the Mental Health Act 1983. In this blog we’ll re-cap on the progress made reforming the Act to date, and what the Bill should include for children and young people.
What progress has been made so far?
In 2017 an independent review was set up to look at how the Mental Health Act 1983 was used and how practice could be improved. The report ‘. This was centred around four guiding principles: choice and autonomy, least restriction, therapeutic benefit and the person as an individual.
Following the Independent Review, the Reforming the Mental Health Act White Paper was published in 2021 which set out proposals to reform the Mental Health Act. Between January and April, the Government consulted on the White Paper and the consultation response was published in July 2021.
A year later, the draft Mental Health Bil was published. The Draft Bill underwent pre-legislative scrutiny and the Joint Committee, chaired by Baroness Buscombe, published their report in January 2023 making 55 recommendations. However, despite the progress made in progressing reforms, the draft Mental Health Bill was not introduced as part of the King’s Speech in November 2023.
Where are we now?
As we approached the general election, we called on all political parties to prioritise babies, children and young people’s mental health in our manifesto. One of our key asks was to bring forward reforms of the Mental Health Act 1983. It was positive to see all three major political parties commit to this in their election manifestos.
Following the election of the new government, a new Mental Health Bill was committed to as part in the recent Kings Speech on July 17th 2024, meaning that we can expect a new Bill to be introduced in this parliamentary session.
What should a new Mental Health Bill include for children and young people?
At the Coalition we have established a working group of experts to ensure that the modernisation of the Mental Health Act considers the specific needs of children and young people. While the reforms are proposed to apply equally to children and young people, it is important that their specific needs are considered, and adjustments made so the Bill works in practice for them.
It is crucial that any new Bill strengthens safeguards for children and young people and protects and promotes their rights. We believe the Mental Health Bill should include reforms under two broad themes:
- The reforms should provide children and young people with access to the same safeguards as adults, including introducing as a statutory decision-making test for under 16s, advance decisions to be extended to under 18s, and for the guiding principles to be included in the Bill.
- The reforms should provide strengthened and additional safeguards for children and young people, such as extending advocacy to informal patients on an opt-out basis, and a statutory provision against under 18s being placed on adult wards.
It is essential that these changes are not seen in isolation from the rest of the mental health system, their success relies on sustainable investment, effective service provision and a strong workforce.
