Weightmans’ David Hewitt says Mental Health law needs a period of quiet calm

AT THE NHS Confederation Conference held at the ACC Liverpool recently, Health Secretary Andy Burnham stated his intentions to integrate the healthcare and social care.

But there is a feeling among those in the healthcare service that it is already developing quicker than the legislation that underpins it.

A growing number of healthcare and social care providers are already getting together to create innovative ways of providing an integrated service for people who are vulnerable, and we have now reached a tipping point where the law is in some areas starting to inhibit that progression.

I agree with Mr Burnham when he said there needs to be a fresh look at the law dealing with adult social care: it needs to be more streamlined, concise and relevant to mental healthcare providers.

But I worry that there has already been significant amendments to the Mental Heath Act, the Mental Capacity Act and the Deprivation of Liberty Safeguards in the past year or so.

These three big changes to the legislative landscape have arrived in a short period of time, and what the service needs now is time to get used to these changes before any new policies are brought in – a period of quiet contemplation to get their heads around the changes already made.