Joint Committee on the Draft Mental Health Bill Written Evidence


DMH 288 Memorandum from US NETWORK

(All Wales User Survivor Network).

My name is Jeff Williams I am the Chairman of the US NETWORK (All Wales User Survivor Network). We are a Mental Health organisation that covers all Wales with a remit of influencing policy within the Welsh Assembly Government to address the mental health users concerns of poor treatment and social exclusion from the statutory services.

I am also the Chairman of the IMPLEMENTATION ADVISARY GROUP to the WELSH ASSEMBLY GOVERNMENT. The issues that I bring are not my own but those of our members who total over 650. They suffer from a broad section of mental illnesses that can range from mild depression to the severely mentally ill. I have been involved with the network on a voluntary basis for over 10 years.

In the last 4 years we have secured a protocol agreement with the Welsh Assembly Government and a charter for Users and Carers called "STRONGER IN PARTNERSHIP". This is a Policy Implementation guidance document that involves service Users and Carers in the design, planning, delivery and evaluation of mental health services in Wales.























1.  Is the Draft Mental Health Bill rooted in a set of unambiguous basic principles? Are these principals appropriate and desirable?

Of course they are not clear. We talk of inclusion not exclusion but on these basic principles alone we are not included only informed. No service has the right to play god with peoples lives and abuse the patient in any way, therefore these principals are neither appropriate nor desirable.

2.  Is the definition of Mental Disorder appropriate or unambiguous? Are the conditions for treatment and care under compulsion sufficiently stringent? Are the provisions for assessment and treatment in the Community adequate and desirable?

The definition of mental disorder is not appropriate or clear because all disorders are being categorised as one single illness and will eventually be treated in the same medical model, this again is not adequate or desirable.

3.  Does the draft bill achieve the right balance between protecting the personal and human rights of the mentally ill on one hand, and contained in the draft bill for public safety on the other?

All humans are individuals in their own right and should be treated as such. Public safety is only breached when services break down or are withdrawn. The media thrive on sensationalism.

4.  Are the proposals contained in the Draft Mental Health Bill necessary, workable, efficient and clear? Are there any important omissions in the bill?

The Draft Bill will struggle to succeed throughout Wales because of lack of resources these should be looked on as omissions.

5.  Is the proposed institutional framework appropriate and sufficient for the enforcement of measures contained in the draft bill?

In the principality the same as anywhere else, without adequate resources one cannot maintain appropriate services. Is every person automatically going to be put on an enforced treatment order?

6.  Are the safeguards against abuse adequate? Are the safeguards in respect of particularly vulnerable groups, for example children, sufficient? Are there enough safeguards against misuse of aggressive procedures such as ECT and psychosurgery?

The safeguards cannot be adequate because abuse is still raising its ugly head. My personal views on ECT and psychosurgery are that I think it is not only abuse of human rights but also a barbaric practice, but after looking at a survey that was conducted in Wales the conclusion that was reached was 50% for and 50% against. With these findings I believe I do not have the right to condemn or condone this treatment.

7.  Is the balance struck between what has been included on the face of the draft bill and what goes into Regulations and the Code of Practices right?

The balance struck between the draft bill and the code of practice is on the side of the services. The users have not been included meaningfully in the production of either of these documents.

8.  Is the Draft Mental Health Bill adequately integrated with the Mental Capacity Bill (as introduced in the house of commons on 17 July 2004)?

The Draft Metal Health Bill and the Mental Capacity Bill can never be adequately integrated unless sufficient resources are forthcoming.

9.  Is the Draft Mental Health Bill in full compliance with the Human Rights Act?

The Draft Mental Health Bill has made all the right noises to include the Human Rights Act but stopped short before inclusion could be incorporated.


10.  What are likely to be the human and financial resource implication of the draft bill? What will be the effect on the roles of professionals? Has the Government analysed the effects of the bill adequately? Will sufficient resources be available to cover any costs arising from implementation of the Bill?

I don't think that the Government has analysed the effects of the bill adequately, because in the Principality there is not only a shortfall of human resources but also the Bill will not be implemented without any financial backing to increase all services including voluntary sector.




 
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Prepared 30 November 2004