The Law Society of England & Wales have submitted evidence to the independent review of the Mental Health Act 1983; the review was announced by the Prime Minister during her most recent speech to the Conservative party conference.

In their evidence the Society argues that people detained for mental health problems need legislation that protects them better. Law Society vice president Christina Blacklaws explained:

As the law stands today, someone detained under the Mental Health Act - or 'sectioned' - may be treated without their consent for the first three months of their detention without any safeguards. This must stop.

The Act gives the state the power to detain patients for protracted periods of time - but after the initial decision, the fist opportunity a patient has to revisit this is is after six months

We think they should be able to challenge their detention much earlier - six months is far too long and may compound the distress of people what are already suffering.

Children may not be able to challenge their detention or treatment at all. The Law Society is calling for specific safeguards for children receiving in-patient psychiatric care.

The Society's evidence makes a number of recommendations about the provisions in the Act:

• Treating anyone without their consent in the first three months of their detention - unless authorised by a second opinion appointed doctor (SOAD) - must be prohibited
• Children detained by parental consent do not have proper safeguards, such as a way to challenge their detention or treatment. There should be specific safeguards for children receiving in-patient psychiatric care.
• The use of community treatment orders must be urgently reviewed. Patients in community settings are being paid cash to take their medication.
• Prison inmates with mental health problems must be given the same level of care as anyone else.

In concluding, Christina Blacklaws said: Attitudes and approaches to mental health have moved on since the Act was written, and the legislation should reflect that. Every person who suffers from mental health issues should be treated in the least restrictive way possible, and should only be detained against their will if their health, safety or public protection depends on this last resort.

The Society's full response can be viewed here.