What's in the Bill?

The Bill looks largely the same as the earlier draft, which we have commented on previously.

The key proposed changes to the current Mental Health Act include:

• Guiding Principles (choice and autonomy; least restriction; therapeutic benefit; the person as an individual) to be taken into account in the drafting of the Code of Practice
  
  
• S.3 cannot be used to detain people on the grounds of learning disability and/or autism, nor can they be placed on CTOs
  
  
• Revised detention criteria for Part 2 detentions and CTOs (and renewal of Part 3 detentions) and reduced detention (and renewal) periods for s.3
  
  
• Revised definition of 'appropriate treatment'
  
  
• Changes to the Part 4 treatment provisions and requirements for care and treatment plans
  
  
• Introduction of the nominated person to replace the nearest relative
  
  
• Provision for conditional discharge with a deprivation of liberty
  
  
• Amendments to s.117
  
  
• Removal of the use of police stations as a place of safety

A change to the previous draft Bill worth flagging, however, relates to discharge powers. Whilst the Responsible Clinician (RC) can currently unilaterally decide to discharge a patient from s.2, s.3 and unrestricted patients under Part 3, the new Bill would require the RC to consult with someone who has been professionally concerned with the person's medical treatment but who is from a different profession to them, before discharging from detention. The Bill's explanatory notes indicate that this consultee will most likely be someone from the patient's multi-disciplinary team - e.g. occupational therapist, nurse or psychologist - and that this is designed to put best practice around discharge from section on a statutory footing.

What next?

Whilst, of course, changes may be made as the Bill proceeds through the parliamentary process and it is not yet clear what timescales for implementation will be, there does appear to be a real commitment to statutory change from the new government and there will be lots of work to do in preparing for these changes. In particular, on the 'frontline', action from providers will be needed in terms of the practicalities of revised Mental Health Act assessments, detention criteria and timescales, in addition to the numerous changes to the RC role and implications for service providers of the amendments to Part 4. For those working within learning disabilities and autism there will be fundamental changes to plan for.

We will continue to keep you updated on developments and, as the Bill moves towards implementation, can assist by advising on drafting and implementing policies and processes that are compliant with legislative change and will withstand regulatory scrutiny, as well as providing training on all aspects of the Mental Health Act and the impact of the proposed changes.