Mental Health Bill

The Government will be bringing in a law which will allow doctors and the courts to force treatment upon disabled people with learning difficulties whose behaviour is seen as hard to deal with by other people.  

Even though the Mental Health Bill is mainly about treating disabled people whose behaviour is seen as being dangerous to themselves and others, it will be bad for disabled people with learning difficulties. 

The Government have just said what the new Mental Health Bill will do. We think the bill (new law) will be available from June/July. The big new things in the Mental Health Bill will be: 

• The Government wants to use the term “mental disorder” to include all disabled people’s different behaviours which may be seen as dangerous by others.   

A doctor must show that the person has a mental disorder, which needs hospital treatment.  

The Government are also including people with learning difficulties in this law. They will be treated in a different way from disabled people who may have a mental disorder. A doctor must assess the risks and needs for hospital treatment that they judge the person with a learning difficulty to have.
   
One problem is that the Government wants more people to be covered under the Mental Disorder label and that disabled people with learning difficulties will be included in this law.  

This law is about controlling disabled people who will not do what other people want us to do!

This law will force disabled people to have treatment in the community as well in hospital.

At the moment doctors can only force a disabled person with a mental health label to have treatment in a hospital. 

The Government wants the law to be changed so that disabled people with mental health and learning difficulties labels can be forced to have treatment in the community after leaving hospital.    

The law would force disabled people to take drugs and accept support and keep in touch with healthcare services.  

A disabled person who does not want to take the drugs or accept the treatment may be forced back into hospital against his or her wishes.

This is a problem because it could make a bad relationship between doctors and healthcare staff with disabled patients who may need treatment.   

Disabled people refusing  treatment are likely to feel they cannot trust staff that may send them back to hospital.

Also the disabled person may not like the staff or feel they are being bossed about.  

How decisions must be made on whether a disabled person should be forced into hospital against his / her wishes. 

The Government says it wants the law so that both the disabled person and others are better protected.

Doctors will be able to force a disabled person with mental disorders and learning difficulty labels to have ‘appropriate treatment’ after thinking about what the affect will be on the individual and others, family members and friends.  

There will be a new section for a disabled person with learning difficulties (and who do not have autistic labels) who can be treated against his / her wishes by doctors.

The person’s behaviour must be very frightening (abnormally aggressive) or acts in a seriously irresponsible way (serious irresponsible conduct).   

The disabled person or a family member will have to go to court (Mental Health Review Tribunal) to stop being treated in hospital or within the community.

This is a problem because there is nothing to say that the disabled person must benefit from the treatment.  

If the treatment makes it easier for others like family members to care for the disabled person then it may be given.  This may mean that disabled people may be given treatment in order to make them quiet and easier to care for by others and less of a ‘problem’ to other people in society. 

What does the Government’s words, ‘serious irresponsible conduct’ mean when deciding whether to treat a disabled person with learning difficulties against his / her wishes?  
The words ‘serious irresponsible conduct’ could mean anything going against other people’s decisions and what they think is best for you.  

The nearest family (relative) member

Under the current law if a person is going to be forced to have treatment in a hospital, the person’s nearest family member has got certain powers. The family member can speak up either for or against hospital treatment or ask for a check to be done and go to court to make this happen. 

The law is being changed so that a gay partner who has a registered relationship with the person can count as his/her ‘nearest family member’. 

Also, healthcare staff or the person themselves will be able to go to court to stop his/her nearest family member from having this role. In this case, the court will name another person to do the job.

This is a problem because it might be family members who are forcing the disabled person to go into the hospital in the first place so they cannot be relied upon to support the person to get out. Disabled people may not feel supported by their family. 

A disabled person should be able to decide who will support them to get out of hospital.  

Who wants to go through a court hearing to fight for who can support them at the same time as facing the stress of going into hospital? 

Staff Professional Training

The Government wants more people to be trained on caring and supporting people with mental health labels. 

There is nothing about being trained around people with learning difficulties labels and looking at the barriers they face.  

All ‘highlighted’ words are the Government’s words, which may be used in the law. 

For more information contact us.

UKDPC will be running a campaign against this Mental Health Bill.  

For the Government’s briefing on this Mental Health Bill, visit this page >>

Mental Health Bill Team: 020 7972 4477

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