Mental Health Bill [HL]

I rise to support Amendment No. 7 and to speak to Amendment No. 55 tabled in my name and that of my noble friend Lady Meacher. These amendments are rightly grouped together as they have broadly the same aim. Indeed, the amendment moved by the noble Baroness, Lady Wilkins, is the Rolls-Royce of these amendments and mine is the Mini, but we are both driving steadily in the same direction. The purpose of these amendments is to put into primary legislation a right to a comprehensive assessment of the need for support and treatment for those who have or have had a mental disorder and are not in hospital. I draw attention to the fact that the assessment would be the responsibility of the local authority and, I believe for the first time in this form in statute, of the NHS body. The responsible authorities, having regard to the results of the assessment, then have to decide whether the requirements of the person call for services of support and treatment and, if so, to make the necessary arrangements. We think that this is highly reasonable. It is after all not so different from what might happen in the case of physical illness. It is a straightforward way of approaching the system, and it can be summed up as meeting the objectives of: get in early, do not wait for compulsion and do not leave a condition untreated. That is what happens now and what we want to avoid in the future. The Minister will not be surprised to hear me say—and not for the first time—that this proposal is in line with the Scottish mental health Act. If Scotland can produce one Prime Minister after another, I am sure it can produce good legislation as well. In addition to the evident value of assessments, in the case of mental disorder we also believe that it could remove or reduce the number of cases where people are turned away from services when they seek help. We all know that this is a tragedy which happens quite often, and the results are unforeseeable and usually bad. A survey undertaken in 2003 by Rethink—I declare my interest as a patron and long-time supporter—showed that up to one person in four was turned away by services when they or their family sought help. There are some differences between Amendments Nos. 7 and 55. For example, the proposal by the noble Baroness, Lady Wilkins, has a much fuller statement of treatment and support in subsection (10), while Amendment No. 55 includes a specific provision requiring the health authority and the local authority to give reasons in writing if they do not intend to carry out an assessment. This is intended to avoid an unwanted silence, which as we know sometimes happens in the treatment of mental illness. Amendment No. 55 also specifically refers to the possibility of requests by the person himself or herself, the carer, the nearest relative or an approved mental health professional. It is a little more specific in that respect. However, it is fair to say that if the Government accept the amendment proposed by the noble Baroness, Lady Wilkins, all will be well. If not, and the issue comes back on Report, it is probable that there will be a single amendment and not two, as we have before us today. But the objective, of course, will be precisely the same.