Guide to the draft Mental Health Bill 2022: treatment

In this second posting in our blog series on the draft Mental Health Bill 2022, we look at the proposed changes in respect of treatment.

1. Appropriate treatment: the Bill includes a new requirement that consideration must be given to whether there is a reasonable prospect that the outcome of treatment would have a therapeutic benefit for the patient.

2. Treatment under Part 4:
   1. The Bill introduces a duty for a clinician in charge of a patient’s treatment to consider certain matters when deciding whether to give treatment under Part 4 of the Act. Considerations include the patient’s wishes and feelings and their participation in treatment decisions. This is referred to as a ‘clinical checklist’ and a secondary opinion appointed doctor has responsibility for assessing whether these considerations have been applied.
   2. The Bill introduces new safeguards for patients being treated under section 58, which relates to treatment requiring consent or a second opinion, and 58A, which relates to electroconvulsive therapy. Table 1 in the explanatory notes provides a useful summary of how the Bill would amend section 58 of the Act.
   3. The Bill proposes changes to the urgent treatment provisions under section 62 of the Act.

3. Statutory care and treatment plans: the Bill introduces these for certain patients. The plans should set out how the patient’s current and future needs, arising from or related to their mental disorder, will be met. The plan should also provide evidence of important clinical decisions, including details of how the individual and those close to them have been included in care and treatment decisions.

If your organisation requires advice in respect of your duties under the Mental Health Act 1983, or in relation to the proposed reforms, please do not hesitate to get in touch with our team of experts.