Rosie Winterton

The government has today published a revised draft Mental Health Bill following lengthy discussions with stakeholder groups.

The new bill changes the definition of mental disorder to emphasise that it is the "effect rather than the underlying cause" which is important.

Treatment, either through compulsion or administered on a voluntary basis, will also be more focussed on the individual.

This revised Bill is the biggest reform of mental health legislation since the 1950s.

The government says it provides improved safeguards for patients and better procedures for treatment to the small minority of people with mental health problems who need to be treated against their will to prevent them from harming themselves.

Protection

It also provides a diversion from prison for non-dangerous offenders with mental health problems and provides better protection to the public from those who are deemed a risk to others, by ensuring they receive the treatment they need.

Health minister Rosie Winterton said the legislation is an "integral part" of the government's wider strategy to improve mental health services.

"We have held extensive discussions with stakeholders since we published a draft Bill for consultation in 2002 and we believe that we now have a Bill that puts a new focus on the individual, allowing compulsory powers to be used in ways that fit with patients' changing needs," she said.

"One of the fundamental aims of the Bill is to help make community care work for the people who need it most. Patients in the community who are ill and vulnerable or at risk will now be able to get the treatment they need.

To calm human rights fears, Winterton said people will only be subject to treatment under the Bill "if they are at risk of harm to themselves or others".

"The bill means that the small minority of people with mental health problems who need to be treated against their wishes, normally for their protection but occasionally to protect the public, will get the right treatment at the right time," added Winterton.

The legislation will now be put before a joint parliamentary committee.