Joint Committee on the Draft Mental Health Bill Written Evidence


DMH 226 Memorandum from Malcolm Turner, Chair Peterborough and Fenland Mind.

1  Introduction

1.1  Peterborough and Fenland Mind provides a range of mental health services across Peterborough City, Fenland DC and Cambridgeshire C.C. User involvement is central to our mode of operation and we are therefore in a position to submit this evidence to the joint committee about user concerns regarding some of the current content of the Mental Health Bill.

1.2  The subjects that concern us are:-

  

  • A right to access services
  • Compulsion should be avoided if possible
  • Advocacy
  • Advance directives
  • Aftercare and support services that are socially inclusive
  • Tribunals
  • Police powers

2  Access to Services

2.1  A frequent concern expressed to us by service users is that they often have difficulty in accessing services when they are needed. People often know when they are feeling unwell and in the absence of community based services seek admission or support from ward based staff. This support when not available then results in people continuing to get unwell to the stage where crisis point is reached they are admitted compulsorily. This is not helpful to people and is a poor use of resources.

2.2  The Care Programme Approach (CPA) has been in place since 1991 but in many places is still not effective. CPA could be a powerful tool in providing person centred care that would improve outcomes for people, their carers and for staff.

2.3  Poor discharge arrangements and lack of post discharge support does add to the revolving door syndrome.

3  Compulsion should be a last resort.

3.1  For many people hospital admission is a very negative experience compulsion aggravates this negativity. These proposals will increase the numbers of people subject to compulsion. The accompanying process of tribunals etc will divert resources from services into bureaucracy.

3.2  People with mental health problems suffer discrimination more than any other group. Compulsion to receive treatment when a person has mental capacity increases this level of discrimination and further endorses public perceptions of dangerousness.

3.3  Many people have poor experiences of the mental health service and avoid contact if they can. If compulsion becomes easier they will again not want engagement.

3.4  Such people may often find it easier to engage with voluntary sector services. The voluntary sector though is usually under funded and finds difficulty in getting positive support from clinical services.

3.5  People on a section already have difficulty in getting properly discharged from hospital. If they are subject to a community compulsion order how readily will they be discharged from the order?

3.6  To what extent will being on a community order prevent people from obtaining accommodation, employment, bank account etc?

3.7  Compulsion is not something that affects a person in isolation. It impacts on the whole of their life, family, friends, employment, and accommodation. Viewing compulsion from a clinical perspective alone may (and often does) have a devastating effect on a persons life which for some is never recovered.

4  Advocacy

4.1  Advocacy services are currently under provided and are limited in scope. The proposals in the bill are broadly welcomed but access to an advocate should be made available at the examination stage.

4.2   As above a paid carer or volunteer should be available if the person so desires. It should also be recognised that relatives do not always willing or able to represent the clients best interest.

4.3  In current practice there are often tensions between advocates and clinical staff with the latter being unwilling to co-operate and to accept the involvement of advocates.

5  Advance Directives

5.1  As outlined in 2.1 above people know from experience what works and what doesn't when they are or are becoming ill. This may extend beyond treatment and may include arrangements for finance, employment, pets etc. These may be of real concern to a patient where compulsion is being considered and their satisfactory resolution may help reduce the crisis. As individuals we are usually happier when we feel in control of any situation advance directives offer patients some of this control.

5.2  Advance directives are increasingly recognised in other spheres and disability groups. There is an opportunity for them to be enshrined in this piece of legislation.

6  Aftercare services

6.1  There is a need to ensure that people receive necessary support and treatment after discharge. Current local discharge arrangements are inadequate, there is limited supported accommodation, CMHTs work from 9 - 5 Mon to Fri. Vocational support and employment opportunities are also limited.

6.2   Given the paucity of limited community based services it is inevitable that people who have been admitted under compulsion remain in hospital for longer than is necessary. This cannot be in any one's interest nor sit easily with civil liberty.

6.3  The Office of the Deputy Prime Minister recently published a report about social exclusion and mental health. The new bill should take this as its underlying theme. Treatment and compulsion should all be geared to helping people remain in the community.

6.4  Too often at present people remain within the mental health system for so long that they lose the social and living skills. Inactivity on the wards creates dependency. Maintaining a persons skills and independence while on the wards would be a more effective approach.

7  Tribunals

7.1  The existing system of tribunals is time and resource expensive. People often have difficulty in understanding the system and there are long delays in getting a hearing.

7.2  The present levels of advocacy services is inadequate and patients face delays in seeking advice.

7.3  The bills proposals will make this process even more complex and also is weighted toward the system rather than to the patient. People will remain in hospital for longer than is necessary.

7.4  Most other parts of the NHS are trying hard to reduce the length of time people stay in hospital and there are rules and penalties for delayed discharges. This has led to a number of initiatives that provide for community based support services. Why should this not also be the case for the Mental Health part of the NHS?

8  The Police

8.1  The police at present do have some difficulty in operating within the present system. At a recent local incident the police delayed becoming involved because a) they were not aware that the person was on a section but on home leave and b) were unsure that the location of the incident was in a public place.

8.2  It does not seem to be necessary to extend police powers but rather to improve joint training so as to improve police awareness of mental health issues..


Malcolm Turner

Chair, Peterborough and Fenland Mind


 
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