News > The Mental Health Act 2007

Created: 2007-07-09 18:50:08

On July 4 the Mental Health Bill to amend the 1983 Mental Health Act completed its passage through parliament and received Royal Assent to become the Mental Health Act 2007.

It was in March 2006 that the Government announced that it would be abandoning its previous plans for reforming mental health law, but the amendments to the existing Act held few surprises.

The two key measures introduced are community treatment orders (CTOs) allowing patients to be treated under compulsion in the community, and to bring within the scope of mental health legislation people diagnosed with severe anti-social personality disorders.

SANE lobbied, as a core member of the Mental Health Alliance, for a humane legislative framework that matches coercion with compassion. SANE believes that with rigorous safeguards the new CTOs could provide release for some patients currently trapped in the revolving door between hospital and community. However, the concern is that the new legislation give no right to assessment, care and treatment, or to enhanced rights to information and support for families and carers.

“We consider it unethical to deprive a person of his or her liberty if mental health services cannot provide appropriate treatment,” says Margaret Edwards, SANE’s head of strategy. “While a few people may have their lives improved by supervised community treatment the majority will still be let down when beds, units, day centres and community services are run down or closed.”

There will now be a consultation on the Code of Practice for use by all involved in implementing the new Mental Health Act. Every effort will be made to achieve further improvements for service users and their families.

Following the announcement of the new bill in March 2006 the Independent on Sunday published an article by Marjorie Wallace and highlighted SANE’s ‘pre-eminent role’ in campaigning for reform of mental health law. The work SANE has done to support those unable to get help was highlighted during the debates about the bill in the House of Lords.

For a full account of the changes made the 1983 Mental Health Act click here.