Legislative scrutiny: Mental Health Bill fourth report of session 2006-07 report, together with formal minutes and appendices

House of Lords papers 40 2006-07. House of Commons papers 288 2006-07

Corporate Author:

Great Britain Parliament Joint Committee on Human Rights

Author:

Andrew Dismore (chairman)

Publisher:

TSO (The Stationery Office)

Price: £14.50

The Committee's report examines the provisions of the Mental Health Bill (HLB 1, session 2006-07; ISBN 9780108435461) in relation to nine main human rights compatibility issues, and considers two significant omissions from the Bill which could have enhanced the protection and promotion of human rights. Findings include there appears to be no Convention obstacle to changing the test for treatment without consent (from one where the decision-maker is required to have regard to the likelihood that the treatment will alleviate or prevent deterioration in the patient's condition to a new test that it is appropriate for the treatment to be given) as a condition of compulsory detention, although the Committee is mindful that the treatment available should be likely to be of therapeutic benefit to the patient. Concerns are raised that, while initial detention would still be based on objective medical expertise, renewal of detention would be authorised by a 'responsible clinician', who need not be a doctor, and that the decision would lack scrutiny by any higher authority other than the Mental Health Review Tribunal. Forcible feeding should be subject to the same safeguards as apply to other invasive forms of treatment. In relation to the treatment of mentally incapacitated patients, since the Bill's proposals to amend the Mental Capacity Act are detailed and complex, the Committee questions whether they will be readily understood by proprietors of residential care homes. Two key omissions from the Bill are also highlighted, relating to: i) provision for effective supervision and review of decisions to give treatment without consent for mental disorder to patients deprived of their liberty under mental capacity legislation, where the treatment involves psychotropic medication or other significant interferences with physical integrity; and ii) provision for sufficient safeguards to ensure that seclusion is used only when strictly necessary and that individuals subject to it should have access to review at intervals so that it is brought to an end when no longer necessary.

Extent	86p.	ISBN	9780104010136
Size	N/A	Price	£14.50
Format	Paperback	Published	04 Feb 2007
Availability	Colour copy: 3 - 5 days	Delivery	Delivery options and charges