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Last Updated: Wednesday, 19 November, 2003, 14:50 GMT
Fresh blow to mental health bill
The Bill will change the way patients are dealt with
The government's controversial Mental Health Bill has been dealt another major blow.

In an unusual alliance, NHS management and psychiatrists have combined to attack proposals to reform mental health legislation.

In a report, the NHS Confederation and the Royal College of Psychiatrists suggested the plans are unworkable and could trigger a workforce crisis.

The report adds to growing criticism of the draft Bill, published last year.

Extra work

Under the proposed changes, doctors in England and Wales would be given new powers to force people with severe mental illness to receive treatment without their consent.

The report says this will lead to a significant increase in the number of patients who are detained against their will in hospital.

This is another useful contribution to the work we are doing, to ensure the draft Bill works effectively in protecting the interests of patients and the public
Health Minister Rosie Winterton
It says this will lead to sharp increases for all NHS staff working in mental health services.

It predicts a 50% rise in the number of tribunal hearings and a doubling of workload for psychiatrists, social workers and administrative staff.

The report says the NHS would need an extra 1,000 staff just to manage existing caseloads if the Bill becomes law.

Gill Morgan, chief executive of the NHS Confederation, which represents NHS management, said the Bill must be changed before it is presented to Parliament.

"If the legislation is to deliver better care for patients, major workforce planning will be vital to avoid an intolerable strain on already hard pressed mental health services.

"We are concerned that the broader definition of compulsion could turn this workforce challenge into a crisis.

"The Bill must be amended to ensure that only those who really need compulsory treatment receive it."

Dr Tony Zigmond, vice-president of the Royal College of Psychiatrists, said the Bill in its present form is unworkable.

"The Royal College of Psychiatrists' primary opposition to the draft mental health bill is that its provisions are unethical.

"This report confirms that it is also unworkable and would inflict significant damage on patient care.

"We believe that the report takes a conservative view of the workforce implications if the bill becomes law."

The report will add to the pressure on ministers to ensure a future Bill is radically different to last year's draft legislation.

Widely criticised

The original proposals have now been roundly criticised by almost everyone involved in mental health services, including charities and health professionals.

The Department of Health denied it had shelved the draft Bill. A spokesman said a Bill would be presented before parliament as soon as parliamentary time allows.

The Royal College of Psychiatrists' primary opposition to the draft mental health bill is that its provisions are unethical.
Dr Tony Zigmond,
Royal College of Psychiatrists
He said officials were still consulting stakeholders on the make-up of future legislation.

Health Minister Rosie Winterton said this latest report would help that process.

"This is another useful contribution to the work we are doing, to ensure the draft Bill works effectively in protecting the interests of patients and the public.

"We do recognise concerns about staffing, resulting from new legislation. Our detailed workforce planning programme will help ensure the right people are in place when the draft Bill is actually implemented."

She rejected claims that the proposed changes would lead to more people being detained against their will.

"The intention of the legislation is not to increase the numbers of people who are subject to compulsion.

"The definition of mental disorder coupled with the strict conditions, which must be met before compulsory powers can be used, will ensure that only people for whom compulsory treatment is necessary can receive it.

"We are concerned that claims to the contrary may create unwarranted anxiety amongst service users."

But Conservative Party health spokesman Tim Loughton said: "This report confirms our fears that the Draft Mental Health Bill is unsuitable in its current format.

"We have raised our concerns about the government's plans for compulsory detention and have pointed out that mental health trusts are already struggling to cope with the number of people who need to use their services."

Marjorie Wallace, chief executive of the mental health charity SANE, said: "We have a situation in which hospital wards are overflowing, staff overworked, conditions squalid and the traffic in doctors, nurses and patients in gridlock or chaos.

"Without the fundamentals of health care, we will only be diverting already depleted staff to underpin laws of coercion rather than provide essential care and treatment."


SEE ALSO:
Q&A: Mental health laws
25 Jun 02  |  Health


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