Source · Select Committees · Human Rights (Joint Committee)
3rd Report - Legislative Scrutiny: Mental Health Bill
Human Rights (Joint Committee)
HC 601
Published 19 May 2025
Recommendations
18
Rejected
We support the call from the Joint Committee on the Draft Mental Health Bill for...
Recommendation
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 …
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Government Response 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.
Ministry of Justice
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21
Rejected
We share the view of witnesses including the Care Quality Commission that the inclusion of...
Recommendation
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 …
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Government Response 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 Carer Race Equality Framework (PCREF).
Ministry of Justice
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Conclusions (1)
1
Conclusion
Rejected
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. …
Government Response 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.