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Modernising the Mental Health Act – the key points

Details

Modernising the Mental Health Act is the final published report from the independent review into the Mental Health Act (MHA). It includes 154 recommendations to the Government on how the MHA and associated practices could change to improve implementation and service user experience.

This summary highlights key elements of this aspirational report. However, whether the recommendations will be implemented as expected or have the effect intended is a matter for considerable debate.

The Modernising the Mental Health Act report (the report) and its recommendations centre entirely on reinforcing and incorporating four key principles into the MHA:

  1. Choice and autonomy – to ensure service users’ views and choices are respected
  2. Least restriction – to ensure MHA powers are used in the least restrictive way
  3. Therapeutic benefit – to ensure patients are supported to get better so that they can be discharged from the MHA
  4. The person as an individual – to ensure that patients are viewed and treated as rounded individuals

Read our full summary

If you require any guidance, advice or training in relation to these proposed amendments to the MHA or the MHA more generally, please do not hesitate to contact Kiran BhogalSharon ThomasPaul Allerston or Amy Clarke and we will do all that we can to assist.

With a team of over 250 lawyers, we are one of the leading firms providing legal advice and support to national and international healthcare and life sciences organisations.

From NHS bodies to private providers and practitioners to insurance practices, our multi-disciplinary legal expertise covers the full spectrum of healthcare law including, litigation, commercial, regulatory, employment, investigations and inquests, real estate and disciplinary law. As a full-service international law firm, we take a scalable approach to service delivery, providing immediate access to high-quality legal advice across the full spectrum.

We are committed to working in partnership with our clients, fostering philosophies that are mutually beneficial. Our expertise and experience mean that we understand the issues you face and the clear and practical advice that you require, especially as services and systems become more integrated. We can help you manage risk and obtain better value for money enabling you to improve services and outcomes.

You can also access our webinar resources that are designed specifically for our health clients - covering topics that may affect you.