Press release: Mental Health Bill could lead to workforce crisis warns NHS Confederation

19 Nov 2003

The Government's draft Mental Health Bill could dramatically increase the workload of key mental health service staff and could lead to a workforce crisis, according to a major report published today by the NHS Confederation.
Whilst the Confederation welcomes the Government's commitment to modernise mental health legislation, the report shows the draft Bill would lead to a 50% rise in the number of tribunal hearings and a doubling of the workload associated with the legislation for psychiatrists, social workers and administrative staff.  It estimates that this is likely to require an additional 1,000 extra staff just to manage existing caseloads.  These workforce pressures will be heightened if, as currently predicted, the Bill leads to a significant increase in the number of people detained for compulsory treatment.
The report highlights other potential consequences of the legislation, including:

• Capacity problems in the proposed tribunal system could lead to a backlog that could result in further judicial reviews
• Clinicians could ration existing resources by diverting treatment towards patients who are formally detained, thus disadvantaging patients who are not subject to mental health legislation
  

Dr Gill Morgan, Chief Executive of the NHS Confederation said: "We strongly support the Bill's focus on tribunals to safeguard patient rights. However, if the legislation is to deliver better care for patients, major workforce planning will be vital to avoid an intolerable strain on already hard pressed mental health services. 
"We are concerned that the broader definition of compulsion could turn this workforce challenge into a crisis.  The Bill must be amended to ensure that only those who really need compulsory treatment receive it.  We believe that without this change, the important benefits of the tribunal system will be undermined.
"We will continue to work with the Department of Health and our partners to get the legislation right and ensure the resources are in place to deliver real improvements for service users."
Dr Tony Zigmond, Vice-President of the Royal College of Psychiatrists, said: "The Royal College of Psychiatrists's primary opposition to the draft mental health bill is that its provisions are unethical.  This report confirms that it is also unworkable and would inflict significant damage on patient care. We believe that the report takes a conservative view of the workforce implications if the bill becomes law."

ENDS

Notes for editors

1. 'Assessment of implications of new mental health legislation on mental health service organisations' is available from the NHS Confederation and produced in conjunction with the Sainsbury Centre for Mental Health and the Royal College of Psychiatrists. 
2. The NHS Confederation represents the organisations that make up the NHS. Our members include the majority of NHS trusts, primary care trusts and health authorities in England; trusts and local health boards in Wales; trusts and NHS boards in Scotland; and health and social services trusts and boards in Northern Ireland.
   

Contact details

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