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IAPDC responds to the King’s Speech

Published:
Category:
Cross cutting,Mental Health Act detention

We welcome the inclusion of legislation to reform and modernise the Mental Health Act in the King’s Speech delivered at the state opening of parliament yesterday. This is a long overdue and much-needed reform for which we have been calling for several years.

The proposed Mental Health Bill will help ensure individuals detained under the Mental Health Act are properly safeguarded and will benefit millions of people who suffer from mental illness and their families. We welcome the planned removal of police stations and prisons as places of safety under the Mental Health Act to ensure people experiencing a mental health crisis or with severe mental health needs are supported in the most appropriate setting.

However, we believe the Bill could be strengthened from its current form. This includes by addressing the current lack of independent investigations for those who die whilst detained under the Mental Health Act and strengthening the statutory time limit for mental health transfers to address the unacceptable delays faced by too many prisoners who are in urgent need of medical treatment.

Further, we welcome the announced introduction of a duty of candour for public services, as it is important for custodial services to be open, transparent, and non-defensive when things go wrong. As set out in our recent report on enhancing the impact of coroner’s Prevention of Future Death reports, an open and transparent approach, with a willingness to learn from mistakes and failings, is crucial to preventing future deaths in custody. We also welcome the commitment to ensure families bereaved by custody deaths are able to participate fully in inquests. Bereaved families play a crucial role in maximising accountability and learning when a death in custody does occur, and they must sit at the heart of the inquest process.