Section one Context
while a voluntary inpatient in a mental
health hospital.15
On the related issue of deaths in detention,
in December 2018 the Scottish Government
published a review of arrangements for
investigating the deaths of patients being
treated for mental disorder and set out a
plan of action.16 The key action was for the
Mental Welfare Commission for Scotland to
develop a system for investigating all deaths
of patients who, at the time of death, were
subject to an order under either the Mental
Health (Care and Treatment) (Scotland) Act
2003 or part VI of the Criminal Procedure
(Scotland) Act 1995 (whether in hospital or
in the community, including those who had
their detention suspended).
The long-awaited report of an independent
Review of the Mental Health Act 1983
(for England and Wales) was published in
December 2018.17 This highlighted three
key challenges in the current application
of the Act: the complex balance between
respecting a person’s autonomy and the
duty of a ‘civilised State’ to protect the
vulnerable under different Articles of the
European Convention on Human Rights; the
problem of fear – held by patients, the public,
and professionals involved in the system;
and the rise of coercion and the continuing
legacy of stigma, discrimination and racism
in society. The Review acknowledged that
there was no simple solution but concluded
that patients should be supported to
make more choices for themselves and
recommended a new right of appeal against
compulsory treatment. In March 2019,
the Scottish Government announced an
independent review of the Mental Health
(Care and Treatment) (Scotland) Act 2003
with the aim of improving rights and
protections for those living with mental
illness and removing barriers for those who
care for their health and welfare. The Review
will examine developments in mental health
law and practice on compulsory detention
and on care and treatment since the current
legislation came into force in 2005.18 It will
build on a review previously announced,
which is specifically looking at how mental
health law affects people with learning
disabilities and autism.19
In Wales, work has been ongoing to improve
the quality of social care. Provisions in the
Regulation and Inspection of Social Care
(Wales) Act 2016 (RISCA) – requiring different
types of providers of care and support,
including those delivering services in secure
establishments, to register with Care
Inspectorate Wales – were implemented
between April 2018 and April 2019 (see
15
INQUEST, November 2018, Family celebrate lasting legacy as ‘Seni’s Law’ receives Royal Assent, https://www.inquest.org.
uk/senis-law-assent [accessed 04/12/19]
16
Scottish Government, December 2018, Review of the arrangements for investigating the deaths of patients being treated
for mental disorder, https://www.gov.scot/publications/review-arrangements-investigating-deaths-patients-being-treatedmental-disorder/ [accessed 04/12/19]
17
HM Government, December 2018, Modernising the Mental Health Act, https://assets.publishing.service.gov.uk/
government/uploads/system/uploads/attachment_data/file/778897/Modernising_the_Mental_Health_Act_-_increasing_
choice__reducing_compulsion.pdf [accessed 04/12/19]
18
Scottish Government, March 2019, Review of the Mental Health Act, https://news.gov.scot/news/review-of-the-mentalhealth-act [accessed 04/12/19]
19
The report was published in December 2019. IRMHA, December 2019, The Independent review of Learning Disability
and Autism in the Mental Health Act, Final Report, https://www.irmha.scot/wp-content/uploads/2020/01/IRMHA-Finalreport-18-12-19-2.pdf [accessed 04/02/20]
17
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