Solicitors threaten to quit mental health work

Solicitors have joined psychiatrists in a stinging attack on government proposals to overhaul mental health laws, and have warned they may pull out of the field because the erosion of patients' rights would put such a strain on their work.

It follows the government publishing a draft Bill on reform of the Mental Health Act 1983, including a single broad definition of mental disorder and providing for the greater use of compulsory powers.

It would bring people classed as

'personality disordered' under the compulsory treatment umbrella, and give courts and mental health tribunals a greater range of powers.

In a joint statement, the Law Society and Royal College of Psychiatrists (RCP) 'unequivocally rejected' the Bill on the grounds that it would stigmatise patients and see them committed unnecessarily.

They said it hardly departed from a controversial White Paper two years ago which was not financially viable and would lead to the system 'collapsing under the weight of its own regulatory framework'.

They called upon the government to halt any attempt at legislation based on the White Paper and to begin meaningful consultation on a scheme that takes account of mental incapacity short of mental illness.

The proposals follow last week's joint Law Society/RCP conference, which heard that the mental health committees of both groups ceased talks with the government because they did not want to be seen as condoning the path its policy was taking.

Speaking after the conference, Mental Health Lawyers Association president Peter Edwards warned that solicitors might be reluctant to work under a regime based on the White Paper - despite an inevitable upsurge in work - because low pay would not justify the 'extreme difficulties' they would face.

'We are extremely concerned about the number of messages coming from solicitors who say they are doing this type of work now, but are under pressure to stop,' Mr Edwards said.

'People were echoing this at the conference, asking me: "What's the point?"