Annual review 2007/08
Stigma and discrimination
Reshaping the Mental Health Act
Making a difference
The Mental Health Bill was debated in the House of Commons during the summer of 2007. It was the first reform of mental health law in 25 years and presented a chance to improve the lives of tens of thousands of people detained in mental health services every year.
Making it happen
- Rethink chaired the Mental Health Alliance, wrote briefings for MPs and organised public events including a photo call at the House of Commons, where service users and carers wore T-shirts saying ‘I’m ill, not a criminal’ and ‘Dude – where’s my rights?’.
- In 2008, we led the Mental Health Alliance’s policy work on Nearest Relative issues and information sharing for carers. We submitted evidence to the Department of Health on the Code of Practice which accompanies the Act.
Making an impact
The Mental Health Act passed in summer 2007. We won important new rights and safeguards, such as
- A right to advocacy – such as: anyone detained (‘sectioned’) for more than 72 hours under the Mental Health Act 2007 will have the right to support from an advocate.
- A right to displace the nearest relative – the patient now has a right to apply to the court to displace their nearest relative if they are unsuitable.
- Purpose of treatment – a person can only be detained under the Mental Health Act 2007 for treatment which will help the illness (i.e. not just sedate the person).
- Community treatment orders –a person under a CTO will not be told how to behave. Conditions can only be put on a person under CTO if they will help them engage in treatment.
- Young people – from 2010 children and adolescents will no longer be placed in adult psychiatric wards.
- Electro convulsive therapy – People who have decision-making capacity cannot be forced to have ECT, except in an emergency and agreed by a second opinion doctor.
- Exclusions – the Code will specify that the definition of mental disorder will not include sexual orientation, religious or cultural beliefs, disorderly conduct or drug use.
- Place of Safety – The Code will state that a police station is not an appropriate place of safety in normal practice.
Moving forward
We’ll be monitoring closely how the new Act works and are lobbying Government to make sure that it is implemented fairly and with proper resources to make all its safeguards work.
Moving you forward
Go to www.rethink.org/campaignwithus or download our fact sheet on the Mental Health Act at www.mentalhealthshop.org
