The Mental Health Bill, which was introduced earlier this month, aims to give patients a greater say in their care to ensure their interests are protected and their voice is heard throughout the treatment process.  

Secretary of state for health and social care, Wes Streeting, said: ‘We are now one step closer to bringing forward the essential reforms that will transform the care of some of our most vulnerable people, meaning patients receive the right care in the right place. 

‘Modernising the act will strengthen the decision-making processes, helping to better support people, and giving them the appropriate and compassionate care they need.'

Alongside making it a legal requirement for each patient to have a care and treatment plan, the Bill will also give patients the right to an Advance Choice Document, which can be used by patients to set out what they want their care to look like in the event of a mental health crisis.  

Police and prison cells will also no longer be used to place people who need care under the Mental Health Act. Instead, patients will be supported to access a suitable healthcare facility that will better support their needs.  

The legislation is designed to address unnecessary detentions for people with a learning disability or autistic people.

At the end of October 2024, 1,880 people with these conditions were detained in hospital under the Mental Health Act and research suggests some would be better suited to care in the community. 

The legislation will limit the length of time people can be detained if they do not have a co-occurring mental health condition that needs hospital treatment and have not committed a criminal offence.