A significant reform of mental health law in England has moved closer to becoming law following key stages passed in Parliament. The Mental Health Bill, designed to update the framework originally set out in the Mental Health Act 1983, has successfully passed report stage and third reading in the House of Commons and is now progressing through the House of Lords.

The Bill aims to fundamentally shift the way mental health patients are treated, putting greater emphasis on patient choice and rights. It enshrines the principle that detention and compulsory treatment should only be employed when strictly necessary, with enhanced provisions for more frequent reviews and easier access to appeals. Changes include limitations on the detention of autistic people and those with learning disabilities, reflecting a modern understanding of mental health needs and rights.

Health Minister Stephen Kinnock highlighted the transformation in societal attitudes and policy since the original Act and its 2007 update. Speaking during the Bill’s Commons third reading, he emphasised the Government’s broader 10-year mental health plan, which seeks to recruit over 8,500 additional mental health workers, expand NHS talking therapy appointments, increase crisis centre availability, and provide specialist mental health professionals for every school in England. He described the Bill as a “step closer” to delivering reforms that ensure patient needs and choices are central to all decisions concerning care and treatment.

The Bill builds on years of work, including independent reviews launched under former Prime Minister Theresa May, and reflects extensive consultation with patients and professionals. However, it has faced opposition in the Commons on several points. Conservative and Liberal Democrat MPs proposed amendments to strengthen public safety assessments, impose parental responsibility requirements for nominated persons of patients under 16, and mandate dedicated liaison services for carers in hospitals. All these were rejected by substantial majorities, with the Government arguing that the Bill already balances patient rights and safety effectively.

Following its House of Commons progress, the Bill is undergoing further refinement in the House of Lords. Prior stages in the Lords have seen close scrutiny of the Bill’s key measures, including tightening detention criteria, providing more frequent reviews, limiting detention lengths for people with autism or learning disabilities, and removing police stations and prisons from being designated ‘places of safety.’ Notably, an amendment to reduce the timeframe for tribunal applications when patients transfer from guardianship to hospital under the Act was agreed to without a vote, signalling cross-party consensus on improving patient protections.

The Bill's passage reflects a broader commitment within Parliament to overhaul outdated mental health legislation, with a view to fostering a more humane, responsive, and patient-centred system. While some argue that further safeguards around public safety and family roles are needed, the Government maintains that current provisions suitably balance patient autonomy and safety concerns. Pending final approval by both Houses, the Bill is poised to become law, marking a transformative chapter for mental health care in England.

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Source: Noah Wire Services