Mental Health Bill Is Fundamentally Flawed, British Medical Journal, UK

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Main Category: Psychology / Psychiatry
Also Included In: Mental Health;  Schizophrenia
Article Date: 23 Mar 2007 - 0:00 PDT

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The new mental health bill could, in fact, increase the risk to the public, according to an editorial in the British Medical Journal (BMJ) published today. The Mental Health Bill, which makes amendments to the Mental Health Act of 1983, is currently making its way through parliament.

Dr John Crichton and Dr Darjee are concerned about certain aspects of the legislation. They say the bill simplifies the criteria for mental disorder - they highlight, in particular, the identification of sexual deviance as a category where treatment should be compulsory. They add that the provision for supervised community treatment lacks the appropriate safeguards.

The group of people responsible for the detention of patients is widened, even though there is a lack of clear guidance detailing how this would work in practice, say the writers. As the old test was seen to limit the ability to detain patients, a new one will take its place.

It is an irony, they say, that even though the government is focusing too much on public safety, the public could very well end up at greater risk. The proposed legislation is so broad, say the writers, that it would label most violent offenders as having a mental disorder, placing them within the boundary of needing compulsory psychiatric treatment.

Dr John Crichton and Dr Darjee ask "What prisoner will engage in an anger management course or a sex offender programme with the prospect of compulsory indefinite detention and transfer to a secure psychiatric hospital? What potential patient with a violent thought will dare seek help from a doctor?"

As the rate of violence in those with mental disorders actually mirrors the rate of violence of those in the same social group, treating violent and sexual offenders medically is unlikely to make them change their ways unless the aim is a very long preventative detention, they write.

The writers say the best way for the mental health bill to really protect the public is to provide comprehensive services. However, they add that it is important that the government be realistic about what can be offered. Scotland is cited as an example where the Executive has successfully implemented mental health legislation after keeping the focus on care and treatment.

The writers conclude that "Efforts for reform will fail if mental health legislation is wrongly identified as a principal mechanism for enhancing public safety".

"New mental health legislation"
Editorial
BMJ Volume 334 pp 596-7
http://www.bmj.com

Edited by: Christian Nordqvist
Editor: Medical News Today
Copyright: Medical News Today
Not to be reproduced without permission of Medical News Today

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