This paper aims to examine reform of mental health legislation in England and Wales. It covers the period from the introduction of the 1983 MHA to the proposed reforms outlined in the Wessley Review that was published in December 2018.
This is a literature-based project.
Reform of the mental health legislation reflects two potentially conflicting strands. One is the state’s power to incarcerate the “mad”, and the other is the move to protect the civil rights of those who are subject to such legislation. The failures to development adequately funded community-based mental health services and a series of inquiries in the 1990s led to the introduction of Community Treatment Orders in the 2007 reform of the MHA.
The development of mental health policy has seen a shift towards more coercive approaches in mental health.
The successful reform of the MHA can only be accomplished alongside investment in community mental health services.
The paper highlights the tensions between the factors that contribute to mental health legislation reform.
