Emergency law to avoid mental health detentions crisis

An emergency law to keep the system deciding the future of mental health patients in Wales running will go before the Senedd next week.

A leading charity said it was "deeply concerning" that emergency legislation was needed for the Mental Health Review Tribunal for Wales, which assesses the cases of people sectioned or otherwise restricted under the Mental Health Act.

The new law would allow medical members of the tribunal who are registered with the General Medical Council, but no longer have a licence to practise, to continue to sit on cases.

An announcement by the tribunal's president on Monday means they no longer can, raising fears of "harmful delays" which could breach legal targets.

Without the new law the Welsh government has warned of "considerable risk" the Mental Health Review Tribunal for Wales (MHRTW) would miss legal targets for hearings.

The warning was issued during the Senedd recess in a written statement by the government's chief legal adviser.

Counsel General Julie James said: "A technical issue has been identified in relation to the definition of 'registered medical practitioner' in the Mental Health Act 1983, which requires an individual appointed to the Mental Health Review Tribunal for Wales to hold both General Medical Council (GMC) registration and a licence to practise.

"Following the identification of this issue, the president of MHRTW has decided to stop members without a current licence to practise from sitting on cases.

"This puts the tribunal's ability to meet its statutory timeframes for hearings at considerable risk."

The president James refers to, Jane McConnell, has been in the role for three months.

MHRTW had 43 medical members in 2024-25, but that number drops to just 19 eligible to sit on cases after McConnell's decision.

Simon Jones, Head of Policy and Campaigns at mental health charity Mind Cymru said: "Timely mental health tribunals are vitally important.

"Delays can be harmful to the wellbeing of people who are sectioned, as well as undermine their rights.

"It's deeply concerning that an emergency bill is needed to enable the tribunal to access medical representatives for upcoming hearings.

"The announcement raises several questions about how this situation was allowed to develop to the point where there is a risk to future hearings.

"Both Welsh government and the tribunal must provide reassurances that medical members will have up-to-date clinical experience and that there is sufficient capacity for hearings whilst this legislation goes through the Senedd."

There is likely to be disruption until the new law comes into force.

James, Labour Senedd member for Swansea West, went on to say that the MHRTW president had asked the 19 remaining members to make themselves available as much as possible.

But she warned: "The clear advice of the judiciary is that there are not enough medical members to cover the volume of cases listed in the coming weeks.

"Members without current licences, who are often retired from practice, have sat on a disproportionately high number of the tribunal's cases.

"All medical members of the MHRTW are GMC registered."

The new law would still require members to be registered with the GMC, but would not require them to have a licence to practise.

James said this would "align the tribunal's eligibility requirements with those in England".

It is not clear what technical issue was identified, and by whom, or why Wales is making a change later than England.

The Welsh government has so far not provided further clarification.

A legal source told BBC Wales that the tribunal relied on many retired doctors whose licences to practise had expired.

The source said "take away the retired element and the system could fall over - it is under pressure as it is".

The Royal College of Psychiatrists Wales backed the government's action "in the interests of patient safety and the effective running of mental health services".

But it a spokesperson said: "The fact that the tribunal is currently able to draw on only 19 medical members to hear cases is deeply concerning and should not have been allowed to arise," a spokesperson said.

"When hearings cannot be held in a timely way, individuals who are sectioned may be left detained for longer than needed, causing distress.

"This delays recovery and undermines confidence in the mental health system."

James added: "The legislation will also provide that persons who were previously appointed as medical members, but who did not hold a licence to practise (whether at the time of appointment or at any other time), were validly appointed and were valid members of the tribunal at all times."

First Minister Eluned Morgan has written to Senedd Presiding Officer Elin Jones asking if the new law can be rushed through all its parliamentary stages over Tuesday and Wednesday next week.

Medical members carry out an examination of the patient before the hearing and form an opinion on their mental health.

The medical member also has a responsibility, with a legal member and lay member, to decide the outcome of a hearing.

The tribunal dealt with more than 2,000 cases in 2024-25.

Its £3.3m running costs were funded by the Welsh government but the tribunal, its members and decisions are independent of ministers.