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when services break down or are withdrawn.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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