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 the human rights of people detained under the Mental Health Act are upheld.
The Mental Health Act 1983 Code of Practice provides statutory guidance to healthcare professionals on how they should carry out functions under the Mental Health Act, including compliance with human rights legislation and ensuring patients’ rights are protected and ensured. The Care Quality Commission has a duty under the Mental Health Act to monitor how services exercise their powers and discharge their duties when patients are detained in hospital or are subject to community treatment orders or guardianship.
The Mental Health Act also provides safeguards to ensure patients are informed of their rights under the Act and their ability to challenge detention. This includes access to an independent advocate and mental health tribunals, which provides a significant safeguard for patients who have had their liberty curtailed under the Act.
As public bodies, National Health Service commissioners and providers are expected to deliver the best possible outcomes for everyone who uses their services, including people detained under the Mental Health Act. This includes putting human rights principles and standards into practice, aiming to secure the full enjoyment of human rights for all and ensuring rights are protected and secured.
It remains our intention to bring forward a Mental Health Bill when Parliamentary time allows.