In its submission to the Mental Health Act review DR UK argues that the Mental Health Act and the Mental Capacity Act need a complete overhaul and not simply tweaked.
New legislation is needed that will guarantee people’s rights and be in line with the UN Convention of the Rights of Disabled People. In our submission we argue that:
- People with direct experience of mental health services should be at the heart of any reform
- Current mental health legislation is fundamentally discriminatory and should be completely changed
- Any reform should take account of the recommendations of the UNCRPD committee that current UK legislation which is based on non-consensual, involuntary and compulsory treatment should be repealed and be replaced by legislation in line with the Convention
- There need to be immediate measures put in place to halt the alarming rise in compulsory treatment and detention
- All forms of restraint and seclusion should be eliminated
- The emphasise should be on developing better community services focussed on ensuring people using mental health services can exercise their rights to independent living as outlined in Article 19 of the UNCRPD