Recently the Conservative Party, before they announced the snap general election, announced that it was their intention to completely overhaul the Mental Health Act (MHA) presumably on the basis that it was no longer fit for purpose.

The Conservatives also believe that by repealing the MHA, this will tackle injustice associated with mental health, unnecessary detention particularly amongst black and ethnic minorities and reduce stigma.

The MHA, although quite old with principles dating back to the 1959, is not responsible for the rise of what Teresa May would describe as unnecessary detention. Detention in all cases should only be used as a last resort and this is echoed in paragraph 1.2 of the Code of Practice:“where it is possible to treat a patient safely and lawfully without detaining them under the Act, the patient should not be detained.”

The MHA is primarily concerned with compulsory detention of patients suffering from mental disorders in order that they may receive treatment for those disorders. The compulsory detention is justified because it is necessary in order to ensure that the patient receives the treatment. Ensuring that the patient receives the treatment is justified because this is necessary for the health or safety of the patient or for the protection of others.

It has been suggested that the use of compulsory detention is up to about 43% in the last decade. The stats are probably right, but why is the MHA being used more and who are the people who are actually being detained? Are they patients new to Mental Health services? Especially children who have struggled to get the help they desperately need but they can’t, because quite simply the support is not there. They have been allowed to slipped through the net and reach crisis point. More and more people are being referred to Mental Health trusts for help but the cuts continue.

Alternatively, are they patients who are already known to services, people who are vulnerable and need the support from Community based Mental Health Services? Because of continued cuts in Social Care and the disbanding of vital specialist Mental Health teams, these vulnerable people are now even more vulnerable because they no longer receive adequate support.

It is also true that people from black and ethnic backgrounds with Mental Health problems are disproportionately detained. Perhaps it’s not so much because of the colour of their skin but rather is it because they are more likely to come from deprived areas, with poor social care, high unemployment and dependent of state benefits.

The MHA is admittedly an old piece of legislation and there are some areas that do indeed require change, for example, patients being able to choose their nearest relative especially if they are a foreign national with no relatives in the UK. But it is not the cause for the rise in compulsory detention. Doctors and Social Workers who carry out the assessments under the MHA would never detained someone unless it was absolutely necessary. They carry out their duties professionally and according to strict admission criteria. Detention should only be used as a last resort and they know it.

As per Para 1.2 of the Code of Practice, Mental Health professionals carrying out assessments need to consider if there is a least restrictive and lawful way to provide a patient with treatment in the community. If Social Care continues to be slashed and Community Mental Health teams continue to be disbanded then what are the alternatives? Doctors and Social Workers have a duty to keep patients safe. So if a patient is at crisis point and at risk, then the only alternative is admission.

If this Government wants to reduce the number of formal admissions to hospital then it needs to look at the frontline and tackle Mental Health issues long before admission would be considered. It has been said many times that treating mental illness like a physical illness is one way of averting a national Mental Health crisis. The warning beacons have been shining bright along the Mental Health landscape for many years but, despite promises to inject extra cash into Mental Health, it is not reaching the right places.

Mental illness is just like any other physical illness, we are all susceptible to psychical illness, and mental illness is pretty much the same. Like any physical illness early diagnosis and treatment promotes better recovery. There has to be equality.

Most people who are diagnosed with major Mental Health problems are first diagnosed before they reach the age of 18. So spotting the early warning signs is crucial if treatment is to be successful. If a young person is left undiagnosed and untreated and slips through the net, then they may end up in specialist young person services which are underfunded and under resourced.

They could end up being treated in a police cell or being treated many miles away from their home and family. This is the reality. This is not an invention. This is actually happening. This country continually lets downs this vulnerable group of people.

It was also recently reported that a high percentage of pupils excluded from school have recognised Mental Health problems. Why has this been allowed to happen? This is another generation that has been let down. They deserve better. Much better. After being excluded, most young people will under achieve and inevitably will turn to a life of crime and end up being imprisoned.

Therefore tackling the problem of young people with Mental Health issues is a good place to start. More needs to be done to improve services to the young. Teachers especially need to be educated to spot the early tell, tale signs that something is not quite right. But what’s the point of spotting if a pupil is not coping if the correct support is not there? The response to pupil’s distress has to be immediate and access to proper support seamless.

So what evidence does Teresa May have to suggest that more patients are detained unnecessary? Well there is actually a lot of evidence but the problem is Teresa May is looking in the wrong direction. It’s not the point of admission which is the problem but rather it is the point when a patient is ready for discharge were the problems lay.

More and more patients are being held up in hospital because there is no support for them upon discharge. They have become known as delayed discharge patients or bed blockers. They are the ones who are being detained unnecessary. Children in particular are being trapped in hospital and some many miles from home because the right care is not available to them in the community.

Recent research reported in the Guardian suggests that the number of wasted days” was 42% higher between December 2016 and February 2017 than in the same period in 2015-16.” In January alone this year, under-18s spent 804 delayed days in Mental Health inpatient units, compared to 553 the previous January which creates another problem. The more patients that are being trapped in hospital means that more people in the community who are at crisis point are being denied access to specialist treatment.

So is the Mental Health Act no longer fit for purpose? The problem is not statute made. Once again a few amendments could be made but the mechanisms for formal admission is not leading to unnecessary detention. Instead it is lack of social care that is responsible for patients who are already detained being detained unnecessary and patients in the community who quite simply cannot access the help they need. Mental Health is in crisis and despite the promises made by this government, it has repeatedly failed to meet its pledges.