• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Advice/Information
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / Human Rights / Rights concerns over major Mental Health Act reforms
Simon Wessely speaking at a podium, while four panellists listen

Rights concerns over major Mental Health Act reforms

By John Pring on 14th January 2021 Category: Human Rights

Listen

User-led grassroots groups have raised serious concerns about the government’s new mental health white paper, particularly its failure to offer the full human rights set out in the UN disability convention.

The white paper, published yesterday (Wednesday), aims to deliver “major reform” of the Mental Health Act (MHA), providing service-users with more control over their care and treatment, and ensure the act’s powers “are used in the least restrictive way”.

Ministers also said that it would address the disproportionate detention of people from black, Asian and minority ethnic communities, and the use of the act to detain people with learning difficulties and autistic people, as well as improving the treatment of people with mental health issues within the criminal justice system.

Among proposed changes are the introduction of new “advance choice documents”, which would allow people to express their wishes for their care when they are well, before they need to go into hospital.

Another proposal is to allow individuals to choose a “nominated person” who is best placed to look after their interests under the act if they cannot do so themselves.

Initial coverage of the white paper in the mainstream media – before it had been published, and based on the government’s press release – was overwhelmingly positive.

But the Reforming the Mental Health Act white paper – which is now out for consultation until 21 April, and will eventually be followed by a new mental health bill – builds on recommendations made by Sir Simon Wessely’s independent review of the Mental Health Act in 2018.

That review was criticised for falling “significantly short” of recommending full human rights for people in mental distress.

Although disabled activists have not yet had time to analyse the white paper in depth, they are already raising similar concerns, while also welcoming aspects of the reforms.

Dorothy Gould, co-founder of the new user-led, rights-based organisation Liberation*, said: “It is undoubtedly true that the MHA white paper is extensive and looks at a large number of much-needed improvements to the current act.

“However, these improvements fall well short of the government’s claim that it is bringing the law ‘into the 21st century’.

“It is also intensely worrying that Matt Hancock regards the Wessely review, on which the white paper is based, as ‘one of the finest pieces of work on the treatment of mental health that has been done anywhere in the world’.

“It is devastating that, so far from drawing adequately on promising international developments elsewhere and the full human rights set out in the UN Convention on the Rights of Persons with Disabilities, the white paper repeats many major flaws in the Wessely review.”

She said the white paper “retains a dominant medical model focus”, and added: “It aims to reduce, but not bring to an end, the fundamental breach of human rights represented by involuntary detention in psychiatric hospitals and forced treatment.

“It has an inadequate focus on the full range of multiple discrimination that exists. We want so much more than this.”

The grassroots, user-led mental health group Recovery in the Bin (RITB) was also critical in its initial response to the white paper.

An RITB spokesperson said: “We welcome proposed changes in the MHA white paper such as a nominated person and increased right to advocacy, but it falls short of a social justice approach and as with the existing act, in the absence of funding and the continuing hostile environment of the DWP [Department for Work and Pensions] and wider systemic racism, the act is irrelevant to the actual conditions people have to endure.”

POhWER, the UK’s largest advocacy charity, which was founded by disabled people in 1996 and has a majority of disabled people on its board, welcomed “some progress” in reforming the act, “particularly where it strengthens relationships, empowers individuals, further upholds human rights and builds dignity for people supported by public services or in government-run institutions”.

But Helen Moulinos, its chief executive, said there were “still many concerns” about the proposed changes.

Among its concerns are the need for better investigations and regulatory oversight for non-natural deaths in mental health settings; more work on discrimination in how the act is applied, such as the disproportionate use of the act’s powers of detention on black people; more clarity on funding for advocacy; more safeguards for patients being treated informally with their consent; and more thought given to the needs of people with learning difficulties and autistic people.

Health and social care secretary Matt Hancock said: “I want to ensure our health service works for all, yet the Mental Health Act is now 40 years old.

“We need to bring mental health laws into the 21st century.

“These reforms will rightly see people not just as patients, but as individuals, with rights, preferences, and expertise, who are able to rely on a system which supports them and only intervenes proportionately, and which has their health and wellbeing as its centre.

“This is a significant moment in how we support those with serious mental health issues, which will give people more autonomy over their care and will tackle disparities for all who access services, in particular for people from minority ethnic backgrounds.”

*Liberation can be contacted via email at: [email protected]

Picture: Wessely speaking at the launch of his review in 2018

 

A note from the editor:

Please consider making a voluntary financial contribution to support the work of DNS and allow it to continue producing independent, carefully-researched news stories that focus on the lives and rights of disabled people and their user-led organisations.

Please do not contribute if you cannot afford to do so, and please note that DNS is not a charity. It is run and owned by disabled journalist John Pring and has been from its launch in April 2009.

Thank you for anything you can do to support the work of DNS…

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn

Tags: Liberation Matt Hancock Mental Health Act POhWER Recovery in the Bin Reforming the Mental Health Act Simon Wessely

Image of front cover of The Department, showing a crinkled memo with the words ‘Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.’ Next to the image is a red box with the following words in white: ‘A very interesting book... a very important contribution to this whole debate’ - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Related

Labour’s ‘landmark’ rules on ‘right to try’ are ‘worthless’ and ‘empty’, DWP’s own guidance shows
30th April 2026
Government must do far more to co-produce mental health reforms, minister is told by disabled campaigners
16th April 2026
New Mental Health Act ‘offers no solution’ to abuse, exclusion and racism in mental health system
6th January 2026

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Join our campaign for a decent life for Disabled people. Campaign for Disability Justice’
Image of front cover of The Department, showing a crinkled memo with the words 'Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.' Next to the image is a red box with the following words in white: 'A very interesting book... a very important contribution to this whole debate' - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Access

Latest Stories

Whately appears to agree social security spending is not spiralling after all… as Tories plan £36 billion-a-year cuts

Shadow minister says parents don’t ‘game’ SEND system… but Kemi says disabled adults do ‘game’ the benefits system

Level boarding pledge in government strategy is welcomed, but railways bill amendments are still vital

DWP silent after Tory member of PIP review publishes report demanding child disability benefits are slashed

Access failures at Tory conference leave wheelchair-user suspended in mid-air for more than an hour

Ministers’ decision to slash accessible housing targets was ‘unprincipled’, but Timms says they were right

Greens sideline disabled people at annual conference

National accessibility standards are crucial for addressing transport barriers, Tories hear at conference

Tories discriminate against disabled editor by blocking DNS from receiving key information at conference

Free social care is coming… but only if you’re over 65, government confirms after Burnham speech

Readspeaker
Image of front cover of The Department, showing a crinkled memo with the words 'Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.' Next to the image is a red box with the following words in white: 'A very interesting book... a very important contribution to this whole debate' - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2026 Disability News Service

Site development by A Bright Clear Web