3rd Report - Legislative Scrutiny: Mental Health Bill

The government is committed to monitoring and reviewing reformed Community Treatment Orders (CTOs) and is developing a long-term monitoring and evaluation strategy that will include consideration of changes to CTOs and related data.

The government agrees this issue should be remedied and has tabled an amendment at Commons Committee to ensure that private providers of state-commissioned mental health inpatient and aftercare are considered public authorities under Section 6 of the Human Rights Act.

The government agrees that monitoring transfer processes is crucial and has established a Mental Health and Justice Strategic Advisory Group to scrutinise data and identify solutions. They also commit to annual reporting on Bill implementation, including transfer timeliness.

The government agrees on the importance of monitoring hospital transfers and has established a Mental Health and Justice Strategic Advisory Group to scrutinise data, committing to include transfer timeliness data in annual reports when ready for publication.

The government agrees on the need for careful use of the power to impose conditions on restricted patient discharge and for effective safeguards, confirming that more safeguards are in place for this cohort, including more frequent and automatic Mental Health Tribunal referrals. They also commit to producing detailed guidance for the Justice Secretary's functions and for the Mental Health Tribunal to ensure scrutiny.