BASW General Election blog: A new Mental Health Act

It has been 41 years since the Mental Health Act (1983) was passed and became the main piece of legislation that covers the assessment, treatment, and rights of people with a mental health disorder in England and Wales.

Much has changed in 41 years, including attitudes and understanding towards people who live with mental illness. A new Mental Health Act to bring such important legislation up to date must be a priority for the next government. 

During the previous parliament, the government introduced a draft mental health bill which was introduced to the Houses of Parliament to receive pre-legislative scrutiny. For this, select Lords and MPs would study the Bill, invite evidence from the public, and identify its strengths and any weaknesses the government may wish to edit before it is introduced to the UK Parliament as a formal bill. The draft bill was scrutinised and received a full report from the joint committee of MPs and Lords tasked with scrutinising the bill, but the government opted not to give it any legislative time when the next Kings Speech took place. 

With a change of government in Westminster, this is a key opportunity to put a new mental health act back on the agenda. 

Social work and mental health

During the pre-legislative scrutiny of the draft bill, BASW UK submitted written evidence to the joint committee and our Chief Executive Dr Ruth Allen was subsequently invited to give oral evidence in front of MPs and Lords on BASW’s position on the draft bill. 

Mental health is a key social work task, with 95% of Approved Mental Health Practitioners (AMHPs) being social workers. AMHPs are one of the most important roles in the application of the mental health statutory framework, and AMHPs have the power to apply for a person to be detained under the mental health legislation if the legal criteria are met. Outside of the AMHP function, individuals or families that need help with their mental health may also trigger other forms of social work intervention, for example child safeguarding. 

Reform of the Mental Health Act

BASW UK welcomes the move towards an approach based upon principles relating to least restrictive intervention and therapeutic benefit, and we remain concerned that the approach taken in the draft bill over-medicalises issues where societal factors are contributing to mental health distress. 

BASW has also raised our concern about the opacity of the relationship between an amended Mental Capacity Act and an amended Mental Health Act. 

The draft Mental Health Bill was far from a perfect piece of legislation, but it was a key step towards modernising a significant and outdated piece of legislation.

We will keep pressure on the next UK Government to bring a Mental Health Bill to Parliament that is truly appropriate for a modern England and Wales.