What's changing in the new Mental Health Bill?

In today’s society, we are increasingly aware of the importance of addressing poor mental health and providing support to individuals and families in such situations. Statistics regarding the current legal framework for mental health have highlighted a significantly imbalanced system. For example, ethnic minorities are disproportionately detained under the Mental Health Act (MHA), and detention rates are the highest among 18-to-34-year-olds. Additionally, individuals with a learning disability or autism are more likely to be arrested and held without treatment that provides therapeutic benefit to them. Concerns have also arisen surrounding procedures and mental illness support, in particular the disparities in access to support for ethnic minorities and individuals with learning disabilities. Therefore, we need legislation that can build a fit-for-purpose mental health service. 

The issues within the existing system were amplified by the COVID-19 pandemic, which ultimately resulted in more people of all ages accessing mental health support. During the pandemic, people were isolated, and the NHS was immensely overwhelmed. This sparked a conversation for social change, and we are still experiencing the ripple effects today. 

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The Labour government’s approach to this reform is to rely on the expertise of the Independent Review of 2018, and to use their findings to build fit-for-purpose mental health legislation. Throughout the government’s messaging, they emphasise that the MHA is ​“outdated” and in need of ​”modernising” and reform. 

The secretary of state for health and social care, Wes Streeting, said that the legislation aims to reduce racial disparities under the MHA, promote equality and ensure that the patient’s voice is no longer lost in an out-of-date process. The Labour Manifesto describes the MHA as ​“woefully out of date” and highlights the inconsistency and bias within the current system. 

All individuals should be able to access great quality care regardless of additional needs or ethnicity. With a greater need for mental health services, we need a system which serves everyone seeking help. 

Community treatment orders, which mean patients are treated in the community instead of in hospitals, will be abolished under the new legislation. These orders have been implemented disproportionately for Black and ethnic minority patients. Instead, the bill will introduce statutory care and treatment plans for all patients. The plans will include their treatment, leave and eventual discharge, as well as wider relevant issues such as those relating to the patient’s life in the community. 

The Mental Health Bill has a focus on transforming care for people with autism or a learning disability. The proposed legislation prioritises advocacy for those who need it most and produces a system of accountability for clinicians while creating the best treatment plan for those most in need. Under this new provision, details on the treatment plan will include, if applicable, input from the patient, their family members, the patient’s nominated person, and their independent mental health advocate. 

Churches across the UK were on the front lines during the Covid-19 pandemic, providing different forms of support including mental health support. 

Mental health is an important discussion in today’s culture, and with children and young people accessing support at record-breaking numbers, the church has an opportunity to be light in the darkness. 

Evangelical Alliance member organisation Kintsugi Hope is doing incredible work equipping the church. Its Mental Health Friendly Church Project aims to understand the current state of mental health within the church and where changes are needed. They produce several resources aimed at helping church leaders and congregants to offer hope and to identify solutions and avenues of support. 

Through our very own One People Commission (OPC), there is focused work on addressing racial injustice and the impact of mental health for people of colour. The OPC resource Visions of Justice and Hope empowers churches to have proactive conversations that can lead to addressing racial injustice in church and society.

• The Committee stage involves the line-by-line examination of the bill. We will update members as the bill progresses. 

• Once the bill is placed, we will provide an update on the phase of implementation. 

• This summer we will provide an explainer on the government’s ten-year NHS strategy and further mental health support and funding, and distribute it through membership channels. 

• Ensuring that detention and treatment take place only when necessary. 
• Limiting the extent to which people with a learning disability can be detained. 
• Providing an appropriate advocate to those in need and giving individuals more control and choice over their treatment. 
• Strengthening and improving the statutory roles which protect and support those who are detained. 
• Supporting offenders with mental health problems to access the care they need.