§ Mrs. Helen ClarkTo ask the Secretary of State for Health (1) what plans he has to extend to patients who are not formally detained under the Mental Health Act 1983 the right to review their admission; [32752]
(2) if he will take steps to amend the Mental Health Act 1983 to ensure that patients who are formally detained in hospital benefit from the same rights as formally detained patients; [32749]
(3) if he will make it his policy that disputed informal admissions to hospitals should be processed as though they were formal admissions. [32755]
§ Jacqui SmithI apologise to the hon. Member for the delay in responding to this question. I refer her to the reply that my right hon. Friend the Secretary of State gave my hon. Friend the Member for Blackpool, North and Fleetwood (Mrs. Humble) on 5 March 2002,Official Report, column 192W.
There are two groups of patients who may be treated for a mental disorder without being formally detained under the Mental Health Act 1983: those who have consented and are being treated voluntarily and those who are unable to consent and do not resist treatment.
The Government are committed to reforming the Mental Health Act 1983 and a Bill will be introduced as soon as parliamentary time allows.
The Government do not plan to introduce any new rights for patients who are capable of giving consent to treatment and who do so, as they can stop consenting at any time. Neither detention in hospital nor treatment can lawfully continue if a capable patient withdraws consent, except where formal powers under the legislation are used. Once formal powers are invoked, patients have the benefit of the statutory safeguards which accompany the use of those powers.
There has been concern about the position of patients who are not formally detained but who have not consented to their treatment. These are patients with long-term incapacity who are therefore unable to consent and young people under 18 who may be treated against their wishes if their parents consent.
New legislation will bring in measures to protect adult patients who have a long-term incapacity to consent, who are in a hospital or nursing home receiving treatment for a serious mental disorder and who do not resist treatment. These safeguards will include, among other things, the right to challenge admission and treatment before a mental health tribunal. As, in practice, it is unlikely that such patients will be able to take advantage of safeguards for themselves, the legislation will also provide for a nominated person to act on the patient's behalf. Where such patients demonstrate resistance to detention or treatment, they will only be lawfully detained or treated under formal powers. New rights will also be introduced for young people with serious mental disorders who are, nevertheless, able to give a view about their own treatment.