Legal update
mental disorder for the purposes of the Act. The White Paper points that out that learning disability and autism are lifelong conditions, which cannot be removed through treatment. Detention of those with learning disabilities or autism for assessment under section 2 of the Act will be limited to situations where their behaviour is so distressed there is a substantial risk of harm to that person or to other people. There must also be a probable mental
health cause that warrants assessment in hospital. If the behaviour is not driven by a mental health condition, for example, if it is due to an unmet support need, or an unmet social or emotional need or unmet physical health need (including untreated pain), a detention under the Mental Health Act would no longer be justified.
Inadequate funding? The press release accompanying the White Paper notes the government is committed to providing community- based mental health support, which is being backed by a £2.3 billion per annum funding resource as part of the NHS Long Term Plan. That may seem like a
very significant sum but it is generally acknowledged that mental health services have been underfunded for decades, resulting in very poor-quality services and long waiting times for treatment. Implementing such large-scale reforms
in mental health law could well be far more expensive than estimated. NHS figures also show there is significant regional variation, with some areas spending almost half per person on mental health compared with others. According to figures from the NHS dashboard data covering the 2018/2019 financial year, Surrey Heartlands, located in possibly one of the wealthiest areas in the UK, was planning to spend the least on mental health, committing only 10 per cent of its budget, or £10.37 per person per month. The effects of the Covid-19 pandemic
on mental health are well publicised and their full impact will take some time to be felt, but it seems possible the government may have to commit greater financial support than is currently proposed in order to implement these reforms properly.
TCHE
Tom Lumsden
Tom Lumsden is a partner at CooperBurnett LLP in Tunbridge Wells in Kent. The law firm specialises in commercial property. Tom has particular expertise in the sale and purchase of care homes, including acquiring land for care home developments.
Disclaimer The above article is not intended as legal advice and must not be relied upon as such.
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March 2021 •
www.thecarehomeenvironment.com
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