Source · Select Committees · Human Rights (Joint Committee)
Recommendation 20
20
Accepted in Part
We recognise that some of the changes proposed in the Bill could help to reduce...
Conclusion
We recognise that some of the changes proposed in the Bill could help to reduce racial inequity in the application of the Mental Health Act. We also recognise that the causes of differences of treatment and particularly outcomes between people of different races can be varied and complex, and that addressing them may require wider systemic and societal change beyond the scope of this or any legislation. Nevertheless, we were surprised that the Mental Health Bill contains no measures directly addressing racial and ethnic inequalities in the application of the MHA and we agree with many witnesses that the Bill could go further. (Conclusion, Paragraph 123)
Government Response Summary
The government acknowledges the need to tackle racial inequalities under the MHA, asserting the Equality Act and NHS PCREF provide the framework, and commits to consulting on updating the Code of Practice to include guidance on considering race, culture, and disability.
Government Response
Accepted in Part
HM Government
Accepted in Part
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.