Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps she is taking to ensure that people are not detained beyond what is necessary for their safety under the Mental Health Act 1983.

The Mental Health Act (MHA) code of practice sets out five guiding principles should be considered when making all decisions in relation to care, support or treatment provided under the Act, the first of which is least restrictive option and maximising independence.

The powers under the MHA should only be used when necessary and for as short a period as possible. The MHA sets out that detention should be regularly reviewed, and provides opportunities for people (or their family, carers of advocate) to challenge detention to ensure it remains necessary, this includes scrutiny by hospital managers and by the mental health tribunal.