'Draft Mental Health Bill unethical' says BMA, UK

Main Category: Mental Health
Article Date: 27 Jan 2005 - 11:00 PDT

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In its evidence (26 January 2005) to the Scrutiny Committee on the Draft Mental Health Bill for England and Wales, the BMA has expressed extreme concerns about the proposed legislation. The Association believes that as the Bill stands it is unethical, unworkable and in conflict with the Human Rights Act.

The oral evidence was given by the Chairman of the BMA Ethics Committee, Dr Michael Wilks, and two consultant psychiatrists, Dr JS Bamrah and Dr Robin Arnold.

While acknowledging several positive elements1 of the Draft Bill, the overall message from the BMA team was 'to tear the proposals up and start again'.

The main criticisms of the proposed legislation are as follows:

-- The Bill is extremely complex and difficult to understand. If lawyers working in this area find it confusing it highly unlikely that either health professionals or patients will be able to understand it.

-- The intricate nature of the Bill throws a great deal of emphasis on the Codes of Practice to provide clarity. It is extremely difficult to comment on a Bill that is so dependent on a supporting document that is not currently available.

-- The Bill's underlying ethos is to manage risk. For example doctors will be compelled to detain individuals who might be dangerous but for whom detention provides no health benefit.

-- The term 'treatment' has very wide meaning in the Bill and would permit the detention of individuals with learning difficulties or personality disorders. Again the aim would be to detain and not necessarily to treat.

-- The Bill dispenses with the principle of least restrictive treatment and the BMA believes this is unethical.

-- There are concerns that the Bill is not compatible with Human Rights legislation. The Law Reform Committee of the Bar Council has stated that 'the Bill signally fails to set the standards by which civilized nations should treat this vulnerable and stigmatised group'.

Dr Michael Wilks said today: "We believe that it is not possible to tinker with these proposals to improve them. The Government really does need to start again by talking to health professionals and other interested groups about what kind of legislation is needed to help people suffering from mental illness as well as protecting the community at large."

The BMA is also concerned about the implementation costs of the Bill. The Royal College of Psychiatrists estimates that 12% of consultant psychiatry posts in England and Wales are currently vacant. The BMA would like to see more information about how the Government plans to resource the new proposals. The Department of Health have stated that an extra 130 psychiatrists will be needed - it remains unclear how this figure was reached and whether or not it is realistic.

To read the BMA's written evidence to the Joint Committee on the Draft Mental Health Bill click here:
bma.org.uk/ap.nsf/Content/Draftmentalhealthbill

Ends

Notes to editors:
1 Positive elements include the following:
-- Written care plans are at the centre of the Bill's provisions
-- Formal reviews are required at an early stage of compulsion
-- The Bill provides for speedy access to Tribunals
-- The Bill provides for statutory access to advocacy
-- The Bill contains enhanced requirements to consult with patients
-- There are increased safeguards for children whose parents consent to treatment

For more information please contact:
Franca Tranza
Tel: 020 7383 6188
Fax: 020 7383 6403
Email: ftranza@bma.org.uk

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