Update: Mental Health Bill

The Mental Health Bill came to the end of its scrutiny in the Committee stage of the House of Lords on 24 February 2025. 

Readers can view a version of the Bill here which includes amendments made by Government in the Committee stage. The Report stage will now take place on 31 March 2025 – you can view the timeline here. 

Tim Spencer-Lane has provided a very helpful summary of the debates which you can read here and which we have set out below. Alex Ruck Keene KC (Hon) has also published an annotated version of the Mental Health Act 1983 with the changes proposed in the Mental Health Bill and you can read that here. 

Implementation/funding

There were calls for a costed plan for community care to support the Bill’s reforms and a statutory backstop for implementing the Bill. In response, Baroness Merron set out the Government’s implementation plan.

Mental health commissioner 

Peers called for the creation of a statutory mental health commissioner to provide “sustained leadership for mental health” and to drive forward the reforms. Baroness Merron repeated that a commissioner would duplicate existing functions such as those of CQC.

Specialist eating disorder units

There were calls for the adequate supply of eating disorder units. Baroness Merron committed to working with NHS England to improve access to eating disorder services. 

Community support

Peers called for sufficient high quality community services as alternatives to detention. Baroness Merron felt existing duties under the NHS Act addressed these matters.

'Breathing space' (debt respite scheme) scheme 

Peers wanted the scheme to be extended to Part 3 patients and a proactive duty to offer the scheme. Baroness Merron said the revised Code would include a ‘requirement’ for referrals and the scheme would be kept under review.

Inappropriate placements of children 

There were calls for limits on the placement of children on adult mental health wards and notifications of out-of-area placements. Baroness Merron said that the revised Code would address these issues.

Use of force

Peers pointed to the inappropriate use of restraint for children in psychiatric hospitals and limits on the use of long-term segregation. Baroness Merron confirmed that CQC has been commissioned to develop a viable and proportionate reporting mechanism.

Human Rights Act

Peers highlighted a gap in human rights protection identified in the ‘Sammut’ case, calling for private care providers to be deemed public authorities under the Human Rights Act. Baroness Merron confirmed the Government is “actively considering” this matter. 

Mentally disordered offenders

Peers wanted a review of the impact of the reforms on mentally disordered offenders in prisons, and the Valdo Calocane case. The Ministry of Justice Minister (Lord Timpson) argued there was already robust scrutiny for offender health. 

Duty to promote well-being 

There were calls for a prevention duty to reduce the likelihood of detention. Baroness Merron argued this was duplicative of existing duties and pointed to the prevention concordat.

Valdo Calocane

Peers raised this case and a duty on services to maintain contact with people with a mental disorder and to publish full versions of independent reports. Baroness Merron confirmed there will be a judge led statutory inquiry. 

Scrutiny of power to make consequential provisions

Baroness Marron said DHSC will respond ahead of report stage.

We’ll keep readers updated on the progress of the Bill.

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