MENTAL HEALTH BILL [DRAFT]

KEY BENEFITS

• Establishes a new legal framework for treating people with a mental disorder, who pose a risk to themselves or to others, without their consent
• Introduces new conditions for compulsion to ensure that that formal powers are properly targeted on patients who need treatment under compulsion
• Introduces new safeguards for patients, eg by requiring individual written care plans for all compulsory treatment, through the introduction of a choice of nominated person to represent the patient's view, improved access to advocacy and independent tribunal authorisation of compulsion over 28 days.
• Enables some patients (including non-dangerous offenders) to be treated, subject to requirements, in the community, reducing the risk of social exclusion that can result from the need for detention in hospital

TERRITORIAL EXTENT

• The Bill applies to England and Wales.

BACKGROUND:

Bill published in draft on 8 September 2004. Pre-Legislative Scrutiny Committee due to report in March 2005.

COMMENTS:

If you have any comments on the proposals you can email them to:

MB.mental.Health.Bill@dh.gsi.gov.uk