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Psychiatrists, lawyers, and service users unite against proposed bill

August 21, 2002 - Source: http://bmj.com

Concern that the government's new mental health bill for England and Wales will lead to the wrong people being detained and treated has united an unprecedented number of organisations in a campaign to demand its complete rewrite.

Dr Mike Shooter, president of the Royal College of Psychiatrists, who met with lawyers, nurses, social workers, psychologists, carers, service providers, and charities last week, called the proposed new legislation "ethically unworkable and practically unacceptable," saying it had been "hijacked" for public order purposes.

A spokesman for the Law Society, the latest group to join the 50 strong Mental Health Alliance, said: "We all agree that there is a need for a new mental health act. However, this new bill will increase the number of people detained or treated against their will, take away people's rights, and leave patients and public alike at risk. So far the government has only succeeded in uniting the most diverse group ever of mental health organisations. It is now time for ministers to enter into real dialogue and negotiation."

In the draft bill the government has expanded the criteria under which people can be detained against their will to include people with dangerous and severe personality disorder. Currently they can be excluded from compulsory detention on the grounds that they cannot be treated. But, no formal diagnosis of severe personality disorder exists, said Dr Shooter, and if the bill were passed many people could be committed to hospital who should not be there.

"The criteria for compulsion under this bill have been so widened that many doctors may proceed overcautiously and commit people who don't need it, " he said.

Cliff Prior, chief executive of Rethink (formerly the National Schizophrenia Fellowship) said, "We urge the government to signal a commitment to extensively revise the bill."

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