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It is disappointing that the Mental Health Bill has not taken the opportunity to provide...
Conclusion
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 or the other should be authorised. In a legislative scrutiny inquiry like this one, we are not in a position to conclude which of the possible alternative approaches to the interface between the MHA and MCA would best provide the necessary human rights protection. (Conclusion, Paragraph 78)
Government Response
Acknowledged
Government Response
Acknowledged
HM Government
Acknowledged
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 framework which protects people from discrimination, to which all those carrying out functions under the MHA must already adhere. The requirement to comply with these legal duties will be emphasised in the Code of Practice and the NHS Patient Carer Race Equality Framework (PCREF). At its core the PCREF is an organisational competency framework that values the voices of ethnic minority groups. The aim of the PCREF is to support NHS mental health providers to advance race equalities and race equity across all mental health care pathways in collaboration with their partners, in order to improve access, experience and outcomes for ethnic minority groups. We do not believe adding Equity as a fifth principle to the other guiding principles recommended by the Independent Review is appropriate because it is already encompassed by ‘The person as an individual’ principle. Whilst the Committee’s proposed amendment seeks to achieve equality of outcomes between patients, adding an extra principle is not the appropriate way to achieve this. We will consult on how the principles should be interpreted and applied most appropriately in specific circumstances when we come to revise the Code of Practice. This will include guidance on how any person’s race, cultural background and/or disability should be considered by decision makers to ensure that decisions taken about their care and treatment are tailored to each individual and their needs. The Government will work closely with the wider mental health system to support the effective implementation of the provisions in the Bill, to reduce racial disparities in decision making under the MHA. Updating the Code of Practice will be a key way to achieve this, and we intend to work closely with the sector and in consideration of expert advice to ensure the Code is appropriately clear on the actions that can be taken to avoid and address racial disparities in the application of the MHA. Committee View The Government should carry out a review of the use of Community Treatment Orders (CTOs), which a black person is seven times more likely to receive than a white person.
Source
Committee
Human Rights (Joint Committee)
Inquiry
Mental Health Bill
Report
3rd Report - Legislative Scrutiny: Mental Health Bill
19 May 2025
HC 601
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
1.1 yr
Report published
19 May 2025