Draft Mental Health Bill: Session 2004-05. Vol. 1: Report Together with Formal Minutes and Annexes - House of Lords Papers 2004-05 79-I House of Commons Papers 2004-05 95-I (Paperback)

The Committee was appointed to examine the provisions of the draft Mental Health Bill (Cm 6305-I & II, ISBN 0101630522) published in September 2004. This draft Bill was revised in the light of the ethical and civil liberties concerns raised about the original draft Mental Health Bill (Cm 5538-I, II, III, ISBN 0101553838) published in June 2002. The Bill seeks to introduce a new legal framework for the compulsory care and treatment of people suffering from mental disorders under formal powers, subject to safeguards which define when a person can be treated without his or her consent. The Committee's report recommends that the Government should proceed with the Bill, subject to a number of significant amendments identified, including i) clarifying its key principles, using the new Scottish Act as a model, to highlight its aim to safeguard patients and reduce the stigma of mental disorder, as well as protect the public from harm; and ii) clearer definitions for conditions of compulsory powers in treatment, the threshold for risk of harm to others, an individual's right to make decisions about treatment, and the use of non-residential orders. It welcomes the proposed introduction of new mental health tribunals, and the right to an independent advocate. However, concerns are raised over the adequacy of funding and staffing resources available to make the new provisions work. The Committee also concludes that individuals with dangerous and severe personality disorder (DSPD) should not be dealt with by mental health legislation, as they may not meet the conditions for the use of compulsory powers, and therefore recommends that separate legislation should be introduced to manage this small group of people.