Mental Health Act reform - what it means for people

On Wednesday 6 November 2024, the UK Government announced significant reforms to the Mental Health Act 1983, aimed at improving the rights and care of individuals detained under the act.

Key changes and improvements

1. More dignity for patients: People sectioned under the Act will have greater rights and a stronger say in their treatment. Care plans will be more personalised, and every patient will be legally entitled to a detailed plan tailored to their needs. This will help ensure treatment is effective and focuses on recovery.
2. Ending police cell use: No longer will police or prison cells be used for those experiencing a mental health crisis. Instead, healthcare facilities will be made available to offer the right support and care. This change will prevent criminalising people in need of urgent mental health help.
3. Community-based support: The reforms encourage more community-based treatment options, allowing individuals to receive care in familiar environments rather than in restrictive hospital settings. This could mean more support and resources for local mental health services.
4. Greater family and carer involvement: Families and carers will have a bigger role in supporting their loved ones. Clinicians will be required to listen to and consider the insights of those close to the patient. Patients will also be able to choose who represents them in decisions about their care.

Addressing inequalities and protecting rights

The reforms target racial and disability disparities in how the Mental Health Act is applied. Currently, black people are over three times more likely to be detained under the Act. People with autism or learning disabilities have also been inappropriately sectioned. New measures will ensure fairer treatment and reduce these inequalities.

1. Time limits for detention: Autistic people and those with learning disabilities will only be detained for a limited period unless they have a mental health condition that requires hospital treatment. This aims to protect their rights and ensure only appropriate cases are detained.
2. Improving Community Treatment Orders: Community Treatment Orders will be reviewed and restricted. This will reduce unnecessary and discriminatory use of these orders, which have disproportionately affected black patients.

Safety and oversight

While the reforms give patients more rights, safety remains a priority. Stronger measures will ensure decisions about detention and treatment are made thoughtfully. Responsible clinicians must consult others before discharging patients. Access to second opinions will also improve care quality, and discharge processes will be more thorough, with safety plans in place.

Better support across NHS Services

Alongside these legal changes, the NHS is improving crisis services. New mental health crisis centres are being developed, and 24/7 support is becoming more available through NHS 111. Liaison psychiatric teams are now present in all A&E departments to help those needing urgent mental health care.

Why these reforms matter

Experts say these updates are long overdue. They reflect a modern understanding of mental health, focusing on patient dignity and effective treatment. The original Act from 1983 no longer meets today’s needs, often making patients feel powerless and misunderstood. These reforms promise a more humane and fairer system.

People in North Yorkshire have told local Healthwatch that they feel unsupported and frustrated with inconsistent mental health services. They desire more personalised, continuous, and accessible care. Long waiting times and lack of follow-up worsen their conditions. They need empathetic, well-trained staff and flexible support options. Improved communication and involvement in care decisions are crucial.

Need more information?

For more information on the new Mental Health Act reforms, visit the UK Government webpage:

Better care for mental health patients under major reforms