Plan to beef up mental health law

Ministers want to amend rules to allow people with untreatable personality disorders to be detained even if they have not committed a crime.

The new bill also suggests beefing up powers to ensure patients have therapy once they are back in the community.

But backbench MPs and campaigners are set to oppose the proposals.

About 50 Labour MPs have already signalled their intention to oppose the bill, which will apply to England and Wales.

MENTAL HEALTH PROPOSALS

• Replace the "treatability" test, which created a loophole allowing those deemed untreatable to fall outside the law, with new criteria paving the way for detention where there is treatment available
• Introduce supervised community treatment orders giving doctors the power to send patients back to hospital if they stop taking their therapy
• A simplified definition of mental disorder, removing exclusions such as sexual deviancy
• Broadening range of professionals that can take on key roles to include nurses and occupational therapists
• Speed up tribunal process, by which patients can apply to be released from hospital
• Bring law into line with Human Rights Act to allow patients more control over appointing a relative to act in their interests
• Ending finite restrictions, orders will have set time periods although they can be extended

Andy Bell, of the Mental Health Alliance, an umbrella group of charities and professionals, said the powers to detain patients went too far.

"It will erode people's rights and will mean the authorities have the power to lock up and restrict people's freedoms for no good reason."

Professor Sheila Hollins, president of the Royal College of Psychiatrists, said she was "particularly concerned that any compulsory treatment should have a clear clinical purpose, and be of benefit to the patient".

And shadow health minister Tim Loughton said the bill was an "attack on civil liberties" and suggested it could make people fearful of presenting themselves for treatment.

The changes will only affect a small fraction - about 14,000 of the 600,000 people who use mental health services each year.

The bill, being presented to the House of Lords on Friday, was promised in the Queen's Speech on Wednesday and comes after previous attempts to change the act were thwarted by opposition from campaigners and doctors.

The government published a draft Mental Health Bill in 2002, but dropped it in March this year.

Instead, of replacing the old laws, the latest bill proposes amending the existing act.

The desire to change the law was largely driven by Michael Stone's 1998 conviction for the brutal murders of Lin and Megan Russell.

Stone was regarded as a dangerous psychopath and it has been assumed he was not held under mental health powers because his condition was considered untreatable.

However, a subsequent inquiry has found this not to be the case as he was receiving treatment but gaps in his care meant he was not given the correct care.

The changes would not necessarily have affected the John Barrett case - the paranoid schizophrenic who stabbed Denis Finnegan in 2004 - as he was actually being cared for in a secure unit.

The inquiry into the killing, published on Thursday, identified failures in his care and concluded a change in the law was not necessarily needed to prevent a repeat of the case.

Safeguards

Under the 1983 Mental Health Act patients can be sectioned, but only if their condition is treatable.

The new law proposes allowing compulsory therapy if appropriate treatment is available.

Critics have argued it will make it to easy to detain people and could lead to a dramatic rise in the number of people detained in hospital.

A speedier tribunal process has been promised to allow patients to apply to be released from detention.

The bill also suggests beefing up community treatment for patients who have been detained in hospital.

Doctors, or other appointed carers, will have the right to send patients back to hospital, if they refuse to continue their treatment under the new supervised community treatment orders.

Health Minister Rosie Winterton said it was about getting the balance right between a patients' rights and entitlement to treatment and public safety.

"The bill will help ensure that people with serious mental health problems receive the treatment they need to protect them and others from harm."

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