Francesca Smith, Research Officer, Money and Mental Health
Reforming the Mental Health Act
Time to tackle the links between financial difficulty and acute mental illness
23 October 2024
The Mental Health Act (1983) – the main piece of legislation covering the assessment, treatment and rights of people with a mental health disorder – is outdated, unfit for purpose and fails to systematically address the significant financial needs of those who are acutely unwell with their mental health.
The new government has signalled its intention to modernise the Mental Health Act as a priority in its first King’s Speech. The new Mental Health Bill is a once-in-a-generation opportunity to legislate that people’s holistic needs, including finances, are considered as a key part of supporting recovery from a mental health crisis.
In this policy note, we focus on changes that need to be made in the Bill and highlight what would need to change in the accompanying code of practice to make the most of this vital chance to ensure mental health care takes account of people’s finances.
We’re calling on the government to make the following changes to better support people in mental health crises with their finances:
- Everyone receiving support from secondary mental health services should have a statutory right to request an advance choice document.
- Advance choice documents should include financial matters as a specific section in the standard template format.
- Care and treatment plans (CTPs) should include a routine enquiry into the financial circumstances of every patient.
- Mental Health Crisis Breathing Space should be automatically offered to those detained under longer term sections of the Mental Health Act.