People detained under Mental Health Act “often not treated with dignity and respect”
Services need to improve how they provide care and treatment for people detained under the Mental Health Act (MHA) in a way that respects their human rights, the Care Quality Commission (CQC) has found.
The independent regulator of health and social care in England’s Monitoring the Mental Health Act in 2018/19 report finds there has been an improvement in the number of people being given information about their rights and being offered the support of an Independent Mental Health Advocate (IMHA). However, services need to do more to ensure that they are complying with their human rights duties.
The Mental Health Act 1983 (MHA) is the legal framework that provides authority to detain and treat people who have a mental illness and need protection for their own health or safety, or the safety of other people. The CQC has a duty to monitor and report on how services do this.
Throughout 2018/19, the CQC carried out visits to mental health wards to meet patients, review their care and speak to staff to inform its annual report to Parliament on how health services in England are applying the MHA.
Dr Kevin Cleary, the CQC’s Deputy Chief Inspector for Mental Health and Community Services, said: “When a person is detained under the MHA it is essential that healthcare services apply human rights principles to ensure that the person is treated with dignity and respect. Through our review of use of the MHA over the past year we have been concerned to find that frequently this is not the case.
“The use of the MHA continues to rise and the overrepresentation of some Black and minority ethnic (BME) groups is a particular cause for concern. More needs to be done nationally to address issues of inequality, but providers also have a responsibility to oversee how the MHA is working, including any impacts on human rights and equality issues.
“Positively, we have seen a continued improvement in the number of people being given information about their rights and being offered the support of an Independent Mental Health Advocate. However, providers must do more to involve people in decisions about their care and treatment and ensure that this is happening in their services. We also want to see regular and independent reviews of the care being provided to people who are segregated from their peers to ensure their human rights are being safeguarded.”
