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Wednesday, Apr 02, 2025

UK Government Faces Defeats on Mental Health Bill Revisions

UK Government Faces Defeats on Mental Health Bill Revisions

Peers in the House of Lords vote to amend proposals aimed at reforming mental health legislation, creating significant shifts in detention procedures and patient feedback mechanisms.
The UK Government encountered multiple defeats in the House of Lords during debates concerning revisions to the Mental Health Bill, which seeks to modernise existing mental health laws.

Key discussions included proposals to broaden the powers of healthcare professionals regarding the detention of individuals under the Mental Health Act without police presence.

Conservative shadow health minister Lord Kamall introduced an amendment allowing nurses and doctors to carry out detentions independently.

He cited that nearly 95% of police responses flagged for mental health issues do not necessitate police presence.

However, Health Minister Baroness Merron stated that the Government and police do not support the extension of police powers in this manner.

Ultimately, the amendment passed with a vote of 233 to 157, resulting in a majority of 76.

In another significant vote, peers supported an amendment proposed by Conservative peer Earl Howe, mandating debriefing for mental health patients upon their discharge from hospitals.

This amendment was backed by a 209 to 143 vote, reflecting a majority of 66. Earl Howe highlighted the importance of patient feedback and reflective discussion regarding treatment experiences, contrasting it with the existing complaint mechanism, which he described as more passive.

Baroness Merron reiterated the Government's stance against the amendment, arguing that existing feedback mechanisms were sufficient.

Lord Kamall emphasized the need for the amendment, suggesting that the current system inadequately addresses the needs of patients.

Liberal Democrat peer Lord Scriven introduced another amendment that aimed to implement a stricter process for discharging mental health patients into community care.

This amendment sought to establish a maximum duration of 12 months for Community Treatment Orders (CTOs), with the possibility of extension only upon the agreement of a second registered psychiatrist.

This proposal was approved with a majority vote of 115, tallying 272 votes in favor against 157 opposed.

Lord Scriven urged that the implementation of CTOs has been flawed, as reported by various independent studies.

Concerning children's mental health services, Baroness Berridge raised alarms about potential risks for vulnerable youth under the proposed legislative reforms.

She advocated for amendments that would ensure that individuals appointed to act on behalf of children who lack capacity would be their designated special guardians or parents as determined by Family Court orders.

She highlighted the need to protect children from unnecessary risks, arguing that AMHPs (Approved Mental Health Professionals) are not properly equipped to make such determinations under urgent circumstances.

The Government's amendments sought to clarify the roles of approved mental health professionals in appointing individuals for children, emphasizing that the existing laws already dictate specific conditions for such appointments.

Health Minister Baroness Merron indicated that for those under 18 lacking capacity, local authorities with parental responsibility would need to be appointed, or a competent Court of Protection deputy in absence of a care order.

The amendments led to thorough debates within the House, reflecting diverse opinions on improving mental health care while safeguarding vulnerable populations.

The proposed legislative changes are a pivotal aspect of ongoing discussions about mental health policy reform in the UK.
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