New data on Mental Health Act detentions shows urgent need for reform, charities say

New data about detentions under the Mental Health Act demonstrate the need for “wholesale reforms,” the Centre for Mental Health has said.

Between April 2023 and March 2024, 52,458 people in England were detained under the Mental Health Act, a slight increase from 51,312 in 2022/23. There are big disparities in the detention rates for people of different ethnicities, however. Black people and people living in areas of the highest deprivation are nearly four times as likely to be sectioned under the Act. Black people are also more than seven times as likely as white people to receive a community treatment order, which means that they are still subject to the Act when they leave hospital.

People in North Central London are five times more likely to be detained under the Act than people in Somerset, something the Centre describes as a “postcode lottery”.

The figures also showed that detentions for children and young people dropped slightly, going from 997 in 2022/23 down to 963 in 2023/24.

Mental Health Bill should be ‘introduced as soon as possible’

In the King’s Speech, the new government made a commitment to reforming the Mental Health Act. The Centre has called on the government to make sure the reforms fully implement the 2018 Independent Review of the Act, which should include the capital funding for mental health care to replace the outdated and unsafe buildings that, the Centre says, “are too often used for people who are subject to the Act.”

The Centre’s chief executive, Andy Bell, said: “These latest figures expose the unacceptable inequalities which are inherent within the outdated Mental Health Act. The current Act – now more than 40 years old – reinforces mental health inequalities, with its disproportionate use among racialised communities and particularly Black people. Changes to better safeguard people’s rights and dignity are long overdue.

“It’s imperative that a Mental Health Bill is introduced as soon as possible, so that people receive fairer, safer and more compassionate care when they’re struggling with their mental health.

“Wider reforms are also needed to tackle the racial injustices within mental health, which are so apparent in today’s data. The patient and carer race equality framework, now mandated in every NHS mental health care provider, is a critical element of this. It must be given the priority, the time and the resources it needs to make a sustained impact on mental health services nationwide.

“Addressing racial disparities in the Mental Health Act goes beyond reforming the Act itself. It also means providing culturally competent talking therapies, building trust with community groups, and co-designing support alongside racialised communities.

“Underpinning all of these reforms, the government must recognise the undeniable and toxic impact that poverty and deprivation have on people’s mental health. Vital reforms to legislation and services must be matched by broader cross-government action to tackle poverty, racism and inequality that cause so much poor mental health.”

Mind echoed the calls for reform. Minesh Patel, the charity’s associate director of policy and campaigns, said: “The stark racial and social disparities in these statistics show how urgently we need reform to the Mental Health Act. It is unacceptable that Black people are disproportionately sectioned and issued with CTOs, which are not only coercive but also ineffective. The new UK government must pass an ambitious Mental Health Bill, that enshrines a right to assessment and treatment at an early stage, abolishes CTOs and addresses the overuse of restrictive, forceful practices.”

He added: “People are sectioned under the Mental Health Act when they are in mental health crisis, meaning they might have attempted to take their own life, self-harmed, or are experiencing psychosis. They need therapeutic environments to get better in, but Lord Darzi’s recent damning report showed mental health hospitals are too often crumbling and run-down, with some patients reporting floods, sewage leaks and rodent infestations. Holding someone against their will for treatment can be traumatic enough as it is, let alone when it is done so under outdated legislation and in squalid wards.”