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A Mental Health Act “fit for the 21st century”

13 August 2024

Kings Charles and Queen Camillia at state opening of parliament

The government is set to legislate an update to the Mental Health Act, aiming to bring patient care into the 21st century, as detailed in the King’s Speech.

In his second state opening of parliament, and his first under a Labour government, the King revealed a plan to introduce 40 new bills. Among these is a much-anticipated reform of the Mental Health Act. This new legislation promises to offer patients greater choice, autonomy, rights, and support, ensuring all receive treatment with dignity and respect.

“This will be a monumental step in protecting some of the most vulnerable members of our society,” the government stated.

This bill, alongside the government’s broader strategy to address the mental health crisis, aims to promote healthier living and reduce the rising number of suicides. The objective is to elevate mental health care to the same level of priority as physical health care.

Thalamos, a company dedicated to enhancing patient outcomes through technology, has always aligned its software development with the guiding principles of the Mental Health Act 2018 review. Thalamos CEO and co-founder Arden Tomison noted: “The principles of Person as an Individual, Therapeutic Benefit, Least Restriction, and Choice and Autonomy are integral to Thalamos’s design philosophy. It’s gratifying to see this bill moving forward towards legislation.”

Tomison continued: “We believe this will significantly advance the protection of vulnerable individuals in our society. We are eager to collaborate with our partners to realise the care improvements this legislation will facilitate.”

The new Mental Health Bill incorporates the majority of recommendations from Professor Simon Wessley’s 2017 review, with six core components:

  1. Ensuring that detention and treatment under the Mental Health Act are only employed when necessary
  2. Further restricting the detention and treatment of individuals with learning disabilities and/or autism
  3. Amplifying the voice of patients
  4. Strengthening and improving statutory roles
  5. Eliminating police stations and prisons as places of safety under the Mental Health Act
  6. Assisting offenders with severe mental health issues in accessing necessary care

Addressing inequalities

Thalamos’s lived experience advisor Steven Gilbert OBE welcomed the announcement, highlighting its potential to provide less restrictive options for individuals in mental health crises, eliminate racial disparities in outcomes, and ensure that inpatient care is genuinely beneficial and respects personal choices.

Gilbert, former vice-chair for the Independent Mental Health Act Review, acknowledged the vital contributions of service users and carers. He said: “Throughout the review process, I had the privilege of chairing and collaborating with 12 inspirational individuals who had either been detained under the Mental Health Act or had cared for someone who was. Their determination, profound personal contributions, and relentless pursuit of improvement drove the chair, vice-chairs, and central working group to challenge the status quo robustly.

“I can confidently state that SUCG members were involved in every aspect of the review, ensuring that the experiences of those affected by the act remained central. Every recommendation in the review, which forms the basis of the bill, has been influenced by members of this group.”

Opportunity to do better

As the focus shifts to modernising the Mental Health Act, Gilbert emphasised the need to recognise the negative impacts of the detention system, particularly on black individuals, those with learning disabilities, and autistic people.

“Vulnerable and powerless in a locked ward, being a patient under the act is unlike any other provision of healthcare. At its best, the act provides an opportunity for individuals to receive the care they need. At its worst, it leads to harm and additional difficulties, perpetuating the cycle of detention.

“We have the opportunity to do better; we must do better. I am committed to ensuring that the new Mental Health Act fulfils the vision that so many of us have worked tirelessly to create.”

Thalamos, directed by its responsible innovation-led approach, will continue to take a patient-first approach to innovation. With the support of our customers we look forward to contributing to a modernised Mental Health Bill and the improved patient outcomes it will support.

If you’d like to read more on the subject then have a look at our Client Director’s thoughts on parity of esteem. Zoe Seager makes the argument for now to be the time we truly put mental and physical health on the same footing.