Mental Health Commission: Tenth Biennial Report

This is the 10th biennial report by the Mental Health Commission on its activities in monitoring the operation of the Mental Health Act 1983 and reviewing the lawfulness of detention of detained patients. This report covers the financial years 2001-02 and 2002-03, but also draws on the work of the Commission over two decades and looks to the future application and monitoring of compulsion in mental health services. During the past two years, there have been significant changes in case law, largely due to the Human Rights Act 1998 which came into force in 2000, as well as the publication of a draft Mental Health Bill (Cm. 5538-I, II, III, ISBN 0101553838) in June 2002 and a draft Mental Incapacity Bill (Cm 5859, ISBN 0101585926) in June 2003. The report focuses on the implications of the 1998 Act, as well as considering issues of concern such as the needs of women and young people, seclusion policy, forensic and secure mental health services, the needs of black and minority ethnic patients, the work of the Commission and its successor bodies. The report makes 70 recommendations, mostly directed to the Government and Parliament, to improve present standards of care for patients and service users which it is hoped will be incorporated into any new legislation.