THE MENTAL Health Act is to undergo landmark reforms in an effort to tackle the inequalities faced by black, Asian and minority ethnic individuals.

The announcement follows new data by NHS England which reported that black people are more than four times more likely to be detained under the act, and more than 10 times more likely to be subject to a community treatment order.

23-year-old Tom*, from London, was diagnosed with bipolar disorder eight years ago and believes that the changes to the act can’t come soon enough.

Having been born with XYY syndrome, learning has been difficult for him. Dealing with bullying throughout college caused his mental health to significantly deteriorate.

His encounters with police in his local community also impacted him. He believes run-ins with the police are “more likely to happen if you are black and tall.”

“One day I had a breakdown while walking along the street. The police tried to taser me, and I was taken to a teenage secure unit where I was sectioned. I was restrained, which feels like a way of controlling you through force,” he said.

“You already feel scared and confused because you don’t understand what is going on – especially when you have mental health problems and a learning disability. After being restrained, I’d have nightmares which were scary, it’s like living it repeatedly.”

Tom – not his real name – was later sectioned under the act and taken to hospital. He had no say in his treatment.

After being told that he didn’t look like he had a learning disability, he was offered no support after his release.

He believes there should be more mental health services available in local communities.

What are the reforms?

The new reforms have been detailed in the Mental Health Act White Paper which builds upon recommendations from a 2018 independent review, led by Sir Simon Wessely.

The current laws date back to 1983.

The proposed changes will primarily focus on providing patients with more autonomy during a mental health crisis.

They should also ensure that culturally appropriate advocates are available for individuals from all ethnic minority backgrounds.

Reform suggestions have also been expanded to the criminal justice system, with a 28-day time limit to accelerate transfers from prison to hospitals now being proposed.

Prisons may no longer be used as places of safety under the new reforms. Instead, judges will be required to work closely with a medical professional to ensure that defendants can be directly transported to a healthcare facility from court, if that’s what they need.

Why is the government introducing these reforms?

Health and Social Care Secretary, Matt Hancock, said the expected changes are part of a central manifesto commitment to ensure the best possible care for everyone.

“These reforms will rightly see people not just as patients, but as individuals, with rights, preferences, and expertise, who are able to rely on a system which supports them and only intervenes proportionately, and which has their health and wellbeing as its centre,” he said.

“This is a significant moment in how we support those with serious mental health issues, which will give people more autonomy over their care and will tackle disparities for all who access services, in particular for people from minority ethnic backgrounds.” 

Mental illness and special learning needs

The proposed changes will also prevent those who have autism or learning difficulties from being detained under the act.

Under the reforms, people from these groups will only be detained if a mental health condition is identified.

The news has been readily welcomed by healthcare professionals and mental health patients themselves.

The proposed changes have already outlined plans for community-based mental health support, which is backed by a £2.3bn annual investment as part of the NHS Long Term Plan and a £62m Community Discharge Grant.

The money will help discharge people with learning disabilities and autism from inpatient care.

Claire Murdoch, Mental Health Director for NHS England, has welcomed the proposed reforms as needed steps towards ensuring the best care for people with mental health needs.

She said: “The NHS is delivering a package of important measures set out in our NHS Long Term Plan to transform mental health, learning disability and autism services, which will ensure everyone can access the right treatment for their needs, when they need it most, which will improve lives and help to implement the Mental Health Act reforms effectively.”

*Names have been changed to protect identity.