• The CQC publishes its Monitoring the Mental Health Act in 2016/17 report.
• It concludes that not enough is being done to consistently ensure patient rights are respected against the Mental Health Act.
• We say to enact change we must ensure that mental health services are given the resources they need.

The Care Quality Commission (CQC) has published ‘Monitoring the Mental Health Act in 2016/17’.

Although the report found examples of good practice, it concludes that mental health services are not doing enough to ensure that people whose liberty has been restricted under the Mental Health Act are able to exercise their rights; and that this situation is not improving.

The report comes as an independent review of the Mental Health Act is underway, led by Professor Sir Simon Wessely.

Responding to report, the head of policy at NHS Providers, Amber Jabbal said:

We must ensure that mental health is given the resources to ensure services are both available and most appropriate to meet patients’ needs.

"Today’s CQC report sets out some helpful examples of good practice from mental health providers, however it also makes clear that there is still room for improvement in how consistently patient rights and preferences are considered in use of the Mental Health Act.

“Like other parts of the NHS, mental health trusts are facing major staffing shortages and are struggling to cope with rapidly rising demand. Alongside this, and despite increases in national funding for mental health, providers face a severe funding squeeze. Four in five mental health leaders have warned that this funding isn’t getting to the front line where it is needed.

“We welcome the independent review of mental health legislation underway, which we hope will address these challenges, however, to enact change we must ensure that mental health is given the resources to ensure services are both available and most appropriate to meet patients’ needs.”