Source · Select Committees · Human Rights (Joint Committee)
Recommendation 19
19
Acknowledged
One of the most significant factors that prompted the process of reform that has resulted...
Conclusion
One of the most significant factors that prompted the process of reform that has resulted in this Mental Health Bill was the disproportionate use of compulsory detention and treatment under the MHA on people from minority ethnic backgrounds, particularly black people. Unequal treatment on the basis of race, especially in respect of the coercive powers of the state, is, of course, a significant human rights issue. (Conclusion, Paragraph 122)
Government Response Summary
The government recognises the issue of inequalities under the MHA, stating the Equality Act 2010 provides the legal framework. They commit to emphasising compliance in the Code of Practice and via the NHS Patient Carer Race Equality Framework (PCREF).
Government Response
Acknowledged
HM Government
Acknowledged
We recognise the need to tackle inequalities under the MHA but believe we already have the necessary legal framework to do this - the Equality Act 2010 is the legal framework which protects people from discrimination, to which all those carrying out functions under the MHA must already adhere. The requirement to comply with these legal duties will be emphasised in the Code of Practice and the NHS Patient Carer Race Equality Framework (PCREF). At its core the PCREF is an organisational competency framework that values the voices of ethnic minority groups. The aim of the PCREF is to support NHS mental health providers to advance race equalities and race equity across all mental health care pathways in collaboration with their partners, in order to improve access, experience and outcomes for ethnic minority groups. We do not believe adding Equity as a fifth principle to the other guiding principles recommended by the Independent Review is appropriate because it is already encompassed by ‘The person as an individual’ principle. Whilst the Committee’s proposed amendment seeks to achieve equality of outcomes between patients, adding an extra principle is not the appropriate way to achieve this. We will consult on how the principles should be interpreted and applied most appropriately in specific circumstances when we come to revise the Code of Practice. This will include guidance on how any person’s race, cultural background and/or disability should be considered by decision makers to ensure that decisions taken about their care and treatment are tailored to each individual and their needs. The Government will work closely with the wider mental health system to support the effective implementation of the provisions in the Bill, to reduce racial disparities in decision making under the MHA. Updating the Code of Practice will be a key way to achieve this, and we intend to work closely with the sector and in consideration of expert advice to ensure the Code is appropriately clear on the actions that can be taken to avoid and address racial disparities in the application of the MHA.