Mental Health Bill reforms welcome but should go further – JCHR finds

19 May 2025

In a report published today following legislative scrutiny, the Joint Committee on Human Rights proposed amendments to the Mental Health Bill.

Mental health detention and compulsory treatment raise significant human rights issues. The Joint Committee welcomes this overdue update to the legal framework governing the detention and compulsory treatment of people with “mental disorders”.

It further welcomes the Bill’s intent to strengthen the voice of patients and increase the scrutiny of detention. However, it also finds that improvements could be made in a number of areas to enhance human rights protections.

The Mental Health Bill will be debated in the House of Commons today (Monday 19 May).

Chair comment

Chair of the Joint Committee on Human Rights, Lord David Alton said:

“There is little question that the existing Mental Health Act needs to be updated. Detention on mental health grounds is too easily imposed and with too few safeguards for fundamental human rights.

“The Joint Committee on Human Rights welcomes the broad thrust of the Government’s proposals but there is still room for improvement. There are concerns around the treatment of children, minority groups and a range of other areas.

"We have brought forward constructive proposals that we believe will strengthen the bill, helping to ensure that the human rights of people with mental health issues are properly respected.”

Key findings

Children

The Bill could do more to protect the rights of children, the report warns. The Joint Committee calls for the Bill to be amended to make it harder to justify placing children on adult wards.

This should only take place if it is demonstrably in the child’s best interest. The Care Quality Commission should also be notified immediately if any such placements are made.

Independent mental health advocates for children can play a vital role in helping them understand and enforce their legal rights when separated from their families. The introduction of an “opt out” system is welcome but the Government should ensure it is extended to informal patients.

Greater clarity is needed on the process for assessing the competence of under 16-year olds to consent to or refuse treatment. The Joint Committee calls on the Government to consult on introducing a statutory test for this assessment.

Autism and learning disabilities

Proposals that would prevent autistic people or people with learning disabilities from being detained for these conditions alone are welcome. However, there are concerns that unjustified detention could still occur due to an absence of effective support in the community.

The Joint Committee welcomes the Government’s commitment to provide annual updates to Parliament on the implementation of the Bill to ensure detention doesn’t occur where community support is lacking.

The Bill could still go further to ensure that mental health needs are identified before they reach crisis point. The Government should consider introducing the right to a mental health assessment in England, as is applicable in Wales.

Racial and ethnic inequalities

A key factor in showing the need for reform of mental health legislation was the disproportionate use of compulsory detention and treatment in respect of people from minority ethnic backgrounds.

The inclusion of equitable treatment as a guiding principle of the Bill would be a welcome step to prioritising the reduction of disproportionate outcomes.

The Government should also do more to understand the causes of inequalities in the application of the Mental Health Act.

The Joint Committee calls for a review of the use of Community Treatment Orders, which a black person is seven times more likely to receive than a white person.

Human rights protection gap

Recent case law has highlighted a gap in human rights protection for mental health patients in state commissioned but privately provided care.

The Committee supports amendment of the Bill to include a measure to address this gap.

Prisons

The Joint Committee welcomes measures to transfer prisoners to more appropriate settings when continued stay in prison could exacerbate mental health issues and violate human rights.

It welcomes the introduction of a 28 day statutory time frame for hospital transfers and calls for relevant data to be collected to ensure compliance.