Press release: NHS Confederation backs scrutiny committee's concerns about Draft Mental Health Bill

23 Mar 2005

The NHS Confederation, whose members include all mental health and learning disability NHS trusts, welcomes today's scrutiny committee report into the Draft Mental Health Bill which warns against increased use of compulsion in mental health treatment.

Chief Executive Dr Gill Morgan says: "We submitted evidence to the committee raising serious concerns that this draft Bill would lead to many more people being treated against their will.

"And so it is heartening that Lord Carlile of Berriew, who chaired the committee, concludes in today's final report that the draft Bill is 'too heavily focused on compulsion' which would be impossible to implement.
"We agree with the report's finding that the government has underestimated both the cost and workforce implications of the mental health tribunals which are intended to provide the legal authority for compulsory treatment beyond 28 days."

The NHS Confederation's evidence to the committee stated: "The Confederation is concerned that the definition of mental disorder and conditions for compulsion are too broad.

"The Draft Bill is likely to increase the number of people under compulsion . . . and the broad conditions and removal of the discretion of decision-makers to take into account other circumstances may mean people will enter into the system far too easily, but find it difficult to leave.

"We have serious concerns as to the extent to which the implementation consequences have been fully thought through, particularly in terms of the expanded tribunal system and capacity of the service.
"We believe the government has seriously underestimated both the cost and the workforce implications and do not believe the proposed tribunal system is workable."

The NHS Confederation is an associate member of the Mental Health Alliance, a coalition of more than 60 charities, professional organisations and mental health service user groups that have come together to work for a better Mental Health Act.

ENDS

Notes for editors

The NHS Confederation represents more than 90% of the organisations that make up the NHS throughout the UK, including 100% of mental health and learning disability trusts.

Contact details

Contact Media Relations Manager Matt Akid on 020 7074 3306.

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