By Afiya France, PhD Student, The Law School, University of Bristol
The UK government is forging through on its declared commitment to modernise the 1983 Mental Health Act (MHA) for the 21st century. This key piece of legislation sets out a legal framework for the detention and compulsory treatment of people with a mental health disorder. The Draft Mental Health Bill 2022 was published in June 2022, and pre-legislative scrutiny by a Joint Select Committee is ongoing. This Draft Bill follows the government’s white paper, Reforming the Mental Health Act which incorporated the majority of the recommendations of an Independent Review . (more…)
By Prof Judy Laing, Professor of Mental Health law, Rights and Policy (University of Bristol Law School)
As the general election approaches and you consider whether to use your vote, spare a thought for the thousands of people who are detained in psychiatric hospitals or living in residential care/nursing homes, and who may not even realise that they are entitled to vote, or be given the opportunity to do so.
Government statistics suggest that there were 21,439 people reported as being subject to compulsory detention under the Mental Health Act 1983 on 31st March 2018, and over three quarters of these people were being detained in hospital in England. The majority of these detained patients have the same right to vote as the general population, but they are one of the most disenfranchised groups in society. Surveys have found that psychiatric in-patient uptake and knowledge of voting rights is generally poor. For example, a study on the general election in 2010 found that eligible psychiatric in-patients were half as likely to register as the general population; half as likely to vote if registered, and patients who had been in hospital for longer periods were particularly affected. Moreover, research also suggests that knowledge of patients’ voting rights amongst mental health professionals could be improved. (more…)
By Dr Judy Laing, Reader in Law and Co-Director of the Centre for Health, Law, and Society (University of Bristol Law School).
Mental Health Awareness Week (14-20th May) is a good opportunity for us to reflect on how far mental health has emerged from the shadows over the last decade. For too long, mental health has been neglected in England and Wales, and this is particularly true for our main political parties, where up until quite recently, mental health has rarely featured in pre-election manifestos. There are now positive signs that this is changing and the nation’s mental health is now firmly on the political agenda.
As the King’s Fund identified in a report in 2015, mental health has finally become a political priority for the major political parties. We saw evidence of this in Theresa May’s Conservative party conference speech in October 2017, as she expressed her desire to tackle the injustice and stigma associated with mental health. This was accompanied by a government pledge to direct additional resources to frontline mental health services and staff. This rhetorical commitment to prioritise mental health is welcome and long overdue, but of course, it must be followed by clear action on the ground in terms of additional staff, services and support, if we are going to witness a radical change in the reality of life for the 1 in four of us who will suffer from a mental health problem each year. (more…)
By Dr Judy Laing, Reader in Law (University of Bristol Law School).*
Recent research indicates that a large percentage of patients living with severe mental health problems do not feel actively involved in their treatment plans. In this blog, Dr. Judy Laing outlines how this runs contrary to basic human rights principles and how it’s time that patients’ rights and voices are put firmly at the centre of all decision-making about their care, treatment and admission to hospital. (more…)