Contribution
Before I begin, I want to pay tribute to right hon. and hon. Members for their extremely informed, personal and moving speeches in support of the positive elements of the Bill, and for making extremely important, constructive suggestions about how to make it even better than it is.
I stand today to speak in strong support of the Bill, and the urgent and long overdue reform of our mental health legislation. The Mental Health Act 1983, now 40 years old, was designed for a different era. While it has provided a legal framework for detaining and treating individuals in crisis, it no longer reflects our modern understanding of mental illness, patient rights or best clinical practice. As we have heard, the Act governs both civil patients and those involved in the criminal justice system, and it includes powers such as community treatment orders, but it is clear that the system it underpins is no longer fit for purpose.
The need for reform is stark and obvious. Patients detained under the Act often have little say in their treatment or about who is involved in their care. As we have heard, racial disparities are deeply entrenched, with black or black British people 3.5 times more likely to be detained and 11 times more likely to be placed under a community treatment order. The journey towards reform began with the 2018 independent review, led by Sir Simon Wessely, which identified rising detention rates, poor patient experience and systemic disadvantages for people with learning disabilities and autism. A draft Bill followed in 2023, and I commend the Government for taking forward the proposed Bill.
Each year, approximately 54,000 individuals are detained under the Mental Health Act. Alarmingly, as I have mentioned, black individuals are nearly four times more likely to be detained and 11 times more likely to be placed under a CTO. Furthermore, nearly 1,000 young people are detained annually, yet over half report that their hospital stay did not aid their recovery. These statistics are not just numbers; they are a call to action. There are serious concerns about the treatment of people with learning disabilities and autism. While the Bill rightly ends inappropriate detentions under section 3 of the Mental Health Act when there is no co-occurring mental illness, the delay in implementation due to the lack of resources raises fears of criminalisation, misdiagnoses, and exclusion from aftercare. We need a fully costed plan, with clear targets and accountability, to support this vulnerable group.
Mind, the leading mental health charity, has identified a further three critical areas in which the Bill must go further. The first is tackling racial disparities. The disproportionate detention of black individuals under the current Act is a glaring injustice. The Bill must include measures to reduce this disparity, such as limits on the use of community treatment orders, and the introduction of a “responsible person” to oversee treatment decisions. Additionally, a statutory duty to monitor and report on progress against these inequalities is essential. I therefore support the creation of a dedicated role to monitor and act on racial disparities in detention and treatment.
Secondly, the principle of least restriction is central to the Bill, yet it remains aspirational; there are no enforceable rights. Patients should have a statutory right to assessments and treatment, the ability to appeal treatment decisions, and expanded access to advocacy services. These rights are about not just legal protection, but respecting the dignity and autonomy of individuals facing mental health challenges.
Thirdly, young people detained under the Mental Health Act often find themselves without adequate support or a voice in decisions about their care. The Bill must include a transparent decision-making test, tailored for children and young people, to ensure that their best interests are at the forefront of all treatment decisions. There should also be safeguards and the standardisation of advance choice documents. The Government say that the implementation timelines could be up to a decade, but I urge them to implement each element of the Bill as soon as is practically possible.
This Bill is very welcome, and this is a pivotal moment in the history of mental health care in our country. It is a huge step forward, but it could go further. To truly transform mental health care, we must ensure that the legislation is not only progressive in its intentions, but robust in its protections. We have the opportunity to create a system that upholds the rights, dignity and humanity of every individual. Let us therefore not pass up this chance to make all the necessary changes. Let us amend this Bill to reflect the values of equality, autonomy and respect, and take this once-in-a-generation opportunity to build a fit-for-purpose mental health system that is fairer, more compassionate and more effective. I urge the Government to take this opportunity to address the gaps, take heed of the recommendations and concerns, and make the Bill right and proper.