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Select Committee · Human Rights (Joint Committee)

Mental Health Bill

Status: Closed Opened: 19 Dec 2024 Closed: 13 May 2026 15 recommendations 14 conclusions 1 report

The Mental Health Bill would introduce wide-ranging changes to the Mental Health Act 1983. This is the principal legislation governing the detention and compulsory treatment of people suffering from mental disorders in England and Wales. It would make changes to policies in multiple areas including the approach to autism and learning disabilities, grounds for detention, … Show more

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Reports

1 report
Title HC No. Published Items Response
3rd Report - Legislative Scrutiny: Mental Health Bill HC 601 19 May 2025 29 Responded

Recommendations & Conclusions

3 items
1 Conclusion 3rd Report - Legislative Scrutiny: Ment… Rejected

It is crucial that any process of reform to mental health law hears from individuals...

It is crucial that any process of reform to mental health law hears from individuals with direct, personal experience. We welcome the Bill’s proposal to introduce a requirement to offer de–briefing to mental health patients after they have left hospital, so that personal experience can be learned from in future. … Read more

Government response AI summary
While agreeing on the importance of patient experience, the government rejects the need for an additional legislative mechanism for gathering views through post-discharge debriefing, stating that existing feedback systems should be improved instead due to concerns about practicality and potential confusion.
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Ministry of Justice
18 Recommendation 3rd Report - Legislative Scrutiny: Ment… Rejected

We support the call from the Joint Committee on the Draft Mental Health Bill for...

We support the call from the Joint Committee on the Draft Mental Health Bill for the Government to consult on the introduction of a statutory test for competency, or “child capacity”, for children aged under 16. (Recommendation, Paragraph 106) Race Discrimination Read more

Government response AI summary
The government rejects the introduction of a statutory test for competency for children aged under 16 due to concerns about unintended consequences, confusion, and undermining Gillick competence, instead committing to consult on updating existing guidance in the MHA Code of Practice.
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Ministry of Justice
21 Recommendation 3rd Report - Legislative Scrutiny: Ment… Rejected

We share the view of witnesses including the Care Quality Commission that the inclusion of...

We share the view of witnesses including the Care Quality Commission that the inclusion of an additional guiding principle of equity in the Bill would be beneficial. While by no means a complete answer, this would emphasise the key need for equitable treatment under the MHA. We propose an amendment … Read more

Government response AI summary
The government rejects the recommendation to add 'equity' as a guiding principle to the Bill, stating that the Equality Act 2010 already provides the necessary legal framework. They commit to emphasising compliance with these duties in the Code of Practice and via the NHS Patient …
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Ministry of Justice

Oral evidence sessions

1 session
Date Witnesses
29 Jan 2025 Alice Livermore · Mind, Andy Bell · Centre for Mental Health, Dr Lucy Series · Bristol University, Ulele Burnham · Doughty Street Chambers View ↗

Who gave evidence

4 witnesses
WitnessOrganisationSessions
Alice Livermore · Head of Legal Mind 1
Andy Bell · Chief Executive Centre for Mental Health 1
Dr Lucy Series · Associate Professor in Social Care Law and Policy Bristol University 1
Ulele Burnham · Barrister Doughty Street Chambers 1

Correspondence

3 letters
DateDirectionTitle
11 Sep 2025 — Correspondence from the Committee to the Minister of State for the Department o…
12 Jun 2025 — Correspondence from the Parliamentary Under-Secretary of State for Patient Safe…
8 May 2025 — Correspondence to the Secretary of State for Health and Social Care on the Ment…