Report on proposed Mental Health Services LCO published by the Mental Health Services Legislative Competency Order (LCO) Committee

9 Jul 2008

The proposed order would allow the Assembly to pass Measures to improve the assessment and treatment of people with mental health disorders before they become subject to compulsory detention under the Mental Health Act 1983.  It would also allow the Assembly to give people a right to independent advocacy to help them make important decisions about their treatment and the support they require at an earlier stage in their illness.

David Melding AM, Chair of the Committee, said:

"Mental Health Service Provision is an important and often highly emotive area.  After consulting widely and listening carefully to the views of stakeholders during the scrutiny process the Committee is strongly of the view that the Assembly should have the powers to make law in this area.

We heard compelling evidence from people who have been subject to detention under the Mental Health Act 1983 and mental health organisations about their experiences of mental health services and how having earlier access to treatment and social care would help patients.  One of our key recommendations is that any future Measure tackling these issues would have to cover not only duties on the health service, but also on local authorities, in particular social services.  This would ensure that they work together jointly and coherently to provide "treatment and care" – not just medical intervention – for persons with mental disorders which would help their recovery and rehabilitation and could prevent them from reaching crisis point and becoming subject to compulsory detention."

In its report the Committee agrees, in principle, that the Government of Wales Act 2006 should be amended to give the Assembly new powers to make its own Measure, in the area of mental health services.  It goes on to make a number of recommendations including that the proposed Order should also refer not just to "treatment" but also to "care" to reflect the range of services which may be required to enable recovery and rehabilitation.