Mental Health Bill

Human Rights (Joint Committee) Closed Legislative scrutiny
Opened: 19 Dec 2024 Closed: 13 May 2026 Parliament page
The Mental Health Bill would introduce wide-ranging changes to the Mental Health Act 1983. This is the principal legislation governing the detention and compulsory treatment of people suffering from mental disorders in England and Wales. It would make changes to policies in multiple areas including the approach to autism and … Read more
8 Recommendations
21 Conclusions
2 Reports
Activity timeline 3 events
11 Jul
2025
Report published
3 Jun
2025
Report published
19 May
2025
Report published
Title HC No. Published Items Response
3rd Report - Mental Health Bill report: Easy Read Version HC 601 3 Jun 2025 0 Overdue
3rd Report - Legislative Scrutiny: Mental Health Bill HC 601 19 May 2025 29 Responded
Recommendations & Conclusions
29 results
1 Conclusion
3rd Report - Legislative Scrutiny:…
It is crucial that any process of reform to mental health law hears from individuals...
It is crucial that any process of reform to mental health law hears from individuals with direct, personal experience. We welcome the Bill’s proposal to introduce a requirement to offer de–briefing to mental health patients after they have left hospital, … Read more
Government Response
We agree that the voices and experiences of people who have come into contact with the Mental Health Act (MHA), either directly or through a relative or friend, must be … Read more
Ministry of Justice
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2 Recommendation
3rd Report - Legislative Scrutiny:…
We urge the Government to support the retention of this amendment as the Bill progresses...
We urge the Government to support the retention of this amendment as the Bill progresses through the House of Commons. (Recommendation, Paragraph 14)
Ministry of Justice
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3 Conclusion
3rd Report - Legislative Scrutiny:…
It is particularly troubling that the accounts we heard at the roundtable event in 2025...
It is particularly troubling that the accounts we heard at the roundtable event in 2025 echoed those the JCHR heard in 2019. This emphasised to us that reform of the Mental Health Act is both pressing and overdue. (Conclusion, Paragraph … Read more
Government Response
We are pleased that the Committee welcomes our commitment to report annually on the implementation of the Bill post Royal Assent, until such a time that the Bill is fully … Read more
Ministry of Justice
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4 Conclusion
3rd Report - Legislative Scrutiny:…
There is an inherent lack of justification for detaining a person for treatment based only...
There is an inherent lack of justification for detaining a person for treatment based only on their learning disability or autism, giving rise to clear concerns over compatibility with Article 5 ECHR. We welcome the Bill’s attempts to remove autistic … Read more
Government Response
While we cannot pre-empt future funding decisions that are subject to the ongoing Spending Review process, we recognise the importance of strong community services to support people with a learning … Read more
Ministry of Justice
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5 Recommendation
3rd Report - Legislative Scrutiny:…
We are pleased to see that the Government has committed to monitoring the number of...
We are pleased to see that the Government has committed to monitoring the number of autistic people and people with learning disabilities who are detained under the Mental Capacity Act. The Government should report these numbers to Parliament within a … Read more
Ministry of Justice
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6 Conclusion
3rd Report - Legislative Scrutiny:…
While the evidence we have received supports the view that rushing implementation of the Bill...
While the evidence we have received supports the view that rushing implementation of the Bill could undermine efforts to improve the treatment of autistic people and people with learning disabilities, we also note that the implementation of other substantial changes … Read more
Government Response
We welcome the Committee’s agreement with the government’s approach and recognise the concerns expressed. For a person with a learning disability or an autistic person in the criminal justice system, … Read more
Ministry of Justice
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7 Conclusion
3rd Report - Legislative Scrutiny:…
We therefore welcome the Government’s commitment to provide a Written Ministerial Statement to both Houses...
We therefore welcome the Government’s commitment to provide a Written Ministerial Statement to both Houses of Parliament on an annual basis, updating on progress on implementation. (Conclusion, Paragraph 60)
Government Response
Both the Mental Health Act and Mental Capacity Act provide appropriate procedural safeguards to ensure that the individuals Article 5 human right to liberty and security is protected during their … Read more
Ministry of Justice
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8 Conclusion
3rd Report - Legislative Scrutiny:…
The detention of autistic people and people with learning disabilities under the MHA is a...
The detention of autistic people and people with learning disabilities under the MHA is a significant human rights concern. Detention in the absence of individualised, therapeutic treatment risks violating the Article 5 ECHR right to liberty and may even result … Read more
Government Response
The MHA already includes provisions regarding placing children on adult wards. It is clear that hospital managers must ensure that patients aged under 18 admitted to hospital for mental disorder … Read more
Ministry of Justice
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9 Recommendation
3rd Report - Legislative Scrutiny:…
To help ensure that mental health needs are properly identified before they reach crisis point,...
To help ensure that mental health needs are properly identified before they reach crisis point, we recommend that the Government considers introducing an English equivalent to the right to a mental health assessment that appears in the Mental Health (Wales) … Read more
Ministry of Justice
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10 Conclusion
3rd Report - Legislative Scrutiny:…
We recognise the risk that permitting detention on the basis of autism or learning disabilities...
We recognise the risk that permitting detention on the basis of autism or learning disabilities under Part 3 of the MHA whilst prohibiting it under Part 2 amounts to a difference in treatment falling under the prohibition on discrimination in … Read more
Government Response
It is our assessment that any legislative change which sought to introduce a statutory test in under the MHA, could have unintended consequences for how competence is assessed in other … Read more
Ministry of Justice
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11 Conclusion
3rd Report - Legislative Scrutiny:…
It is disappointing that the Mental Health Bill has not taken the opportunity to provide...
It is disappointing that the Mental Health Bill has not taken the opportunity to provide greater clarity to the interface between the Mental Health Act and the Mental Capacity Act and to make clear when detention and treatment under one … Read more
Government Response
We recognise the need to tackle inequalities under the MHA but believe we already have the necessary legal framework to do this - the Equality Act 2010 is the legal … Read more
Ministry of Justice
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12 Recommendation
3rd Report - Legislative Scrutiny:…
The Government should, however, carry out an urgent review of the interface between the MHA...
The Government should, however, carry out an urgent review of the interface between the MHA and MCA and take prompt action to provide the clarity that is currently lacking. (Recommendation, Paragraph 78) Children
Ministry of Justice
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13 Conclusion
3rd Report - Legislative Scrutiny:…
While the recent Government amendment to the Bill, introducing a review of notification requirements in...
While the recent Government amendment to the Bill, introducing a review of notification requirements in respect of children on adult wards represents a welcome acknowledgement that the status quo may not be satisfactory, it does not guarantee the prompt protection … Read more
Government Response
We are pleased that the Committee welcomes the culturally appropriate advocacy pilots which DHSC has funded. These pilots aim to improve provision of advocacy for ethnic minority groups who we … Read more
Ministry of Justice
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14 Conclusion
3rd Report - Legislative Scrutiny:…
We agree with submissions made to us that the Mental Health Bill could and should...
We agree with submissions made to us that the Mental Health Bill could and should do more to protect against children being placed on adult wards. The Bill should be amended to include a requirement that a child should not … Read more
Government Response
We agree that this should be remedied and committed in the previous house to continue work on this issue. The Government tabled an amendment at Commons Committee, which seeks to … Read more
Ministry of Justice
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15 Conclusion
3rd Report - Legislative Scrutiny:…
We recognise the special importance of advocacy services for children, who may face particular difficulties...
We recognise the special importance of advocacy services for children, who may face particular difficulties in understanding and enforcing their legal rights when separated from their families. Independent advocates represent an important method of ensuring the child’s right to be … Read more
Government Response
We agree that monitoring and oversight of the transfer process will be crucial to the successful implementation of the statutory time-limit. A Mental Health and Justice Strategic Advisory Group has … Read more
Ministry of Justice
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16 Conclusion
3rd Report - Legislative Scrutiny:…
We welcome the introduction of an “opt–out” system in respect of independent advocacy but call...
We welcome the introduction of an “opt–out” system in respect of independent advocacy but call on the Government to ensure that this system extends to children who are informal patients as well as those who are compulsory patients. (Recommendation, Paragraph … Read more
Government Response
We agree with the Committee that this power must only be used when necessary due to the level of restriction imposed on the individual, and the extent of supervision these … Read more
Ministry of Justice
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17 Conclusion
3rd Report - Legislative Scrutiny:…
We agree with witnesses that children under 16 may be denied the opportunity to benefit...
We agree with witnesses that children under 16 may be denied the opportunity to benefit from the rights provided by the Bill if their ability to make decisions for themselves is not properly assessed. Clarity in such assessments is therefore … Read more
Ministry of Justice
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18 Conclusion
3rd Report - Legislative Scrutiny:…
We support the call from the Joint Committee on the Draft Mental Health Bill for...
We support the call from the Joint Committee on the Draft Mental Health Bill for the Government to consult on the introduction of a statutory test for competency, or “child capacity”, for children aged under 16. (Recommendation, Paragraph 106) Race … Read more
Ministry of Justice
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19 Conclusion
3rd Report - Legislative Scrutiny:…
One of the most significant factors that prompted the process of reform that has resulted...
One of the most significant factors that prompted the process of reform that has resulted in this Mental Health Bill was the disproportionate use of compulsory detention and treatment under the MHA on people from minority ethnic backgrounds, particularly black … Read more
Ministry of Justice
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20 Conclusion
3rd Report - Legislative Scrutiny:…
We recognise that some of the changes proposed in the Bill could help to reduce...
We recognise that some of the changes proposed in the Bill could help to reduce racial inequity in the application of the Mental Health Act. We also recognise that the causes of differences of treatment and particularly outcomes between people … Read more
Ministry of Justice
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21 Conclusion
3rd Report - Legislative Scrutiny:…
We share the view of witnesses including the Care Quality Commission that the inclusion of...
We share the view of witnesses including the Care Quality Commission that the inclusion of an additional guiding principle of equity in the Bill would be beneficial. While by no means a complete answer, this would emphasise the key need … Read more
Ministry of Justice
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22 Recommendation
3rd Report - Legislative Scrutiny:…
The Government should carry out a review of the use of Community Treatment Orders, which...
The Government should carry out a review of the use of Community Treatment Orders, which a black person is seven times more likely to receive than a white person. (Recommendation, Paragraph 125) 56
Ministry of Justice
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23 Recommendation
3rd Report - Legislative Scrutiny:…
We look forward to the results of the evaluation of two culturally appropriate advocacy pilot...
We look forward to the results of the evaluation of two culturally appropriate advocacy pilot schemes, which the Government should expand if the results are positive. (Recommendation, Paragraph 126) Other issues
Ministry of Justice
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24 Conclusion
3rd Report - Legislative Scrutiny:…
The Human Rights Act provides legal protection against, and redress for, human rights violations in...
The Human Rights Act provides legal protection against, and redress for, human rights violations in the UK. Recent case law has highlighted a gap in that human rights protection for mental health patients in state commissioned but privately provided care. … Read more
Ministry of Justice
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25 Recommendation
3rd Report - Legislative Scrutiny:…
The Mental Health Bill should be amended to ensure that the Human Rights Act, and...
The Mental Health Bill should be amended to ensure that the Human Rights Act, and the protection it provides, applies whenever people receive publicly funded mental health treatment or after–care, or are deprived of their liberty on mental health grounds. … Read more
Ministry of Justice
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26 Conclusion
3rd Report - Legislative Scrutiny:…
It is crucial that prisoners experiencing serious mental health crises are promptly moved to a...
It is crucial that prisoners experiencing serious mental health crises are promptly moved to a hospital environment where they can receive the treatment they need. Delays in such moves risk exposing individuals to inhuman or degrading treatment in breach of … Read more
Ministry of Justice
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27 Conclusion
3rd Report - Legislative Scrutiny:…
Monitoring compliance with this standard is important.
Monitoring compliance with this standard is important. Data on hospital transfers should be gathered centrally and made available to the public. (Recommendation, Paragraph 144)
Ministry of Justice
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28 Conclusion
3rd Report - Legislative Scrutiny:…
We can see that in narrow circumstances, where the need to ensure the safety of...
We can see that in narrow circumstances, where the need to ensure the safety of the public makes deprivation of liberty in the community the least restrictive option available, being able to impose conditions on the discharge of a restricted … Read more
Ministry of Justice
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29 Recommendation
3rd Report - Legislative Scrutiny:…
The Bill should be amended to ensure that conditions depriving a restricted patient of their...
The Bill should be amended to ensure that conditions depriving a restricted patient of their liberty are reviewed by the Mental Health Tribunal promptly and regularly In particular, the Secretary of State should refer the restricted patient’s case to the … Read more
Ministry of Justice
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