Tag Archives: mental health act

National Ethnic mental health Carer Forum : March Update 2026

Chaired by Matthew McKenzie – Carer Activist

The March session of the National Ethnic Mental Health Carer Forum brought together carers, researchers, NHS professionals and community organisations for a conversation that felt both familiar and urgent.

Chaired by Matthew McKenzie, the forum stayed rooted in what it does best: creating a national grassroots space where lived experience meets systems, and where difficult truths are not avoided.

The agenda reflected that balance clearly:

  • 10:35 – Professor Saffron Karlsen (University of Bristol)
  • 11:20 – King’s College London (Phoebe Averill & team)
  • 11:50 – Parliamentary and Health Service Ombudsman
  • 12:00 – Thomas Ince – Universal Care Plan

Racism and Mental Health: Naming What We Already Know

Professor Saffron Karlsen opened the forum with a presentation that didn’t just describe inequality it explained how it is produced, sustained, and experienced in everyday life.

Drawing on over 30 years of research, Professor Saffron Karlsen is a sociologist at the University of Bristol whose research examines how racism and social inequality affect health, particularly within ethnic minority communities.

she spoke about racism not as a single act or incident, but as something woven into the fabric of society. It operates quietly and persistently, through institutions, through policies, through media narratives, and through the ways people interact with one another. The effect is cumulative. It builds over time, shaping not just opportunities, but health itself.

What made the presentation particularly powerful was how it connected these structural ideas to real human consequences. Racism was described as something that works on multiple levels at once: from overt abuse or violence, to the less visible but equally damaging experience of simply knowing that you live in a society where you may be treated unfairly. That awareness alone carrying the expectation of discrimination creates a constant undercurrent of stress and anxiety.

She explained how this stress doesn’t just sit in the mind. It translates into physical outcomes. People exposed to racism are more likely to experience anxiety, depression, and long-term distress, but also physical health inequalities such as cardiovascular disease. These outcomes are often misunderstood or misrepresented. Too frequently, they are explained away as lifestyle issues diet, exercise, personal choice without recognising the deeper social conditions that shape those behaviours in the first place.

A particularly striking part of the presentation focused on how people respond to these pressures. When individuals feel powerless to change their circumstances, they may turn to coping mechanisms smoking, drinking, or withdrawing from services. These responses are then judged in isolation, rather than understood as part of a wider context. In this way, the system not only fails to address the root causes but can end up reinforcing blame on the individual.

Perhaps the most important insight came when the discussion turned to healthcare itself. Even when services are available, they are not always experienced as safe or trustworthy. Saffron shared research showing that people may avoid seeking help not necessarily because of direct negative experiences, but because of what they have seen and heard about racism more broadly. The perception of risk becomes enough to keep people away.

One example described a woman who, during the COVID period, chose to avoid hospital care entirely. Her decision was shaped by what she had seen in public discourse and online reactions to racial justice movements. It left her feeling that she could not trust how she would be treated. This kind of anticipatory fear of not being treated with dignity or fairness adds another layer of stress to an already difficult situation.

The presentation also challenged the way healthcare systems understand illness. Many services still operate within a narrow biomedical framework, focusing on symptoms and diagnoses while overlooking the social realities that contribute to them. For people from marginalised communities, this can lead to experiences where their perspectives are dismissed or misunderstood. They may try to explain how racism, housing, poverty, or life circumstances have shaped their health, only to find those explanations sidelined.

This is where the concept of “epistemic injustice” becomes important, although Saffron didn’t dwell on jargon, the meaning was clear. It is about whose knowledge counts. When patients and carers are not listened to, or when their experiences are not taken seriously, care becomes something done to them, rather than with them. For many, this is not just frustrating it is re-traumatising.

Professor Saffron also showed a video – Nilaari delivering hope A community mental health provider for people of colour, which you can watch below.


Q&A Section : From Evidence to Frustration

1. “You’ve explained the problems, but what are the solutions?”

Answer:
Saffron acknowledged that addressing racism at its root is complex and long-term, but highlighted practical steps:

  • Services must be co-produced with people who have lived experience
  • Communities need to be actively involved in decision-making spaces
  • Grassroots and voluntary organisations should be:
    • properly funded
    • meaningfully included in policy and service design

She emphasised that change should be done with communities, not to them, and that learning from effective third-sector approaches is key.


2. “Do you look at drug and alcohol use as part of racism-related issues?”

Answer:
Yes, but not in the way systems often frame it.

Saffron explained that:

  • Substance use is often a response to difficult life experiences, including racism and poverty
  • Systems tend to treat it as an individual problem, rather than understanding the wider causes
  • These behaviours can reflect a lack of:
    • support
    • options
    • alternative coping mechanisms

She stressed the importance of shifting away from blame and towards understanding context.


3. “Is trauma-informed care part of the solution?”

Answer:
Trauma-informed care is important, but not sufficient on its own.

Saffron highlighted that:

  • Current models of trauma-informed care can be too narrow
  • They often fail to fully account for:
    • systemic racism
    • structural inequalities
  • Services also need to recognise that they themselves can contribute to trauma

She suggested that trauma-informed approaches must be:

  • culturally sensitive
  • shaped by different communities’ understandings of trauma

4. “What do you mean by ‘racism is a virus’?”

Answer:
Saffron used this idea as a metaphor.

She explained that:

  • Racism spreads and reproduces across society, much like a virus
  • It moves through:
    • institutions
    • policies
    • social interactions
  • It grows and reinforces itself over time

At the same time, she used this idea to challenge overly individualised thinking—highlighting that racism is structural, not just personal.


King’s College London: When Crisis Care Comes Too Late presented by Phoebe Averill.

After the earlier discussion on racism and inequality, the presentation from King’s College London brought the conversation into something more immediate what actually happens when someone reaches crisis point and needs urgent mental health support.

Phoebe Averill and her team focused on pathways under the Mental Health Act, but what emerged wasn’t a technical discussion. It was a picture of a system that often struggles at the exact moment it is supposed to respond.

They began by looking at the period just before crisis. In many cases, there are early warning signs. Carers and families notice changes subtle at first, then more obvious. They often try to raise concerns early, hoping intervention might prevent things from escalating. But too often, those early signals are not acted on.

By the time the system responds, the situation has already deteriorated.

The research highlighted that delays are not caused by a single issue, but by a combination of pressures within the system. These include:

  • shortages in hospital beds
  • fragmented coordination between services
  • breakdowns in communication across teams

While these explanations are familiar, the impact of them feels anything but routine. During the waiting period, people do not remain stable. They become more unwell, more distressed, and more at risk. What could have been addressed earlier becomes a crisis that is harder to manage.

One of the most striking parts of the presentation was the focus on what happens in that gap between “something is wrong” and “help arrives.” That space is where much of the pressure shifts onto carers.

Carers described being left to manage situations that are escalating in real time. They are expected to keep someone safe, to monitor behaviour, and to absorb the emotional weight of what is happening all while waiting for services to respond. In some cases, this can last days or even weeks.

This isn’t a formal role, and it’s not one carers are prepared for. It’s something they step into because there is no alternative.

The consequences of these delays don’t end when care finally arrives. By that point, the impact can already be significant. The research pointed to outcomes such as:

  • worsening mental health leading to longer hospital stays
  • increased risk of avoidable harm during the waiting period
  • disruption to housing, employment, and relationships

In other words, the delay itself becomes part of the problem, shaping what happens next.

Another important thread running through the presentation was the role of carers’ knowledge. Carers are often the first to recognise when something is changing. They understand patterns, triggers, and early warning signs in a way that professionals may not see immediately. Yet this insight is not always taken seriously or acted upon.

The result is a system that tends to respond late rather than early intervening at crisis point, rather than preventing it.

The KCL team were clear that their research is trying to address this gap. They spoke about building a lived experience advisory group and involving carers and service users directly in shaping the work. There was a clear intention to move beyond observation and towards something more collaborative, where lived experience informs how the research develops.

At the same time, there was a quiet recognition in the room that much of this is not new. Similar issues have been raised repeatedly over the years. The difference here was not the discovery of the problem, but the clarity of where it sits in that critical moment where response is needed, and the system is slow to act.

Placed alongside the earlier discussion on racism, this presentation added another layer of understanding. It showed how broader inequalities are not abstract—they play out in very real ways at the point of crisis. Where trust is already fragile, delays make it harder to engage. Where carers are already stretched, the system’s response can increase that pressure rather than relieve it.

By the end of the session, one idea stood out clearly: this is not just about whether care is available. It is about whether it comes at the right time, whether the right people are listened to, and whether the system is able to act before situations reach breaking point.


Parliamentary and Health Service Ombudsman: When Accountability Feels Out of Reach

The next presentation of the forum came from the Parliamentary and Health Service Ombudsman team, who joined to explain how carers and families can raise concerns when NHS care goes wrong.

On the surface, this was a session about process how complaints move through the system and when the Ombudsman becomes involved. But as the discussion unfolded, it became clear that this was really about something deeper: whether accountability is genuinely accessible to carers in practice.

The team described their role as an independent body that steps in once local complaints processes have been completed. In theory, the pathway is clear. Before approaching the Ombudsman, people are expected to go through several stages:

  • raise concerns with the service directly
  • receive a formal response, often referred to as the “final response letter”
  • only then escalate the complaint for independent review

What sounds straightforward on paper quickly became more complex when viewed through lived experience.

Carers shared how difficult it can be to even reach that final stage. The process can take months, sometimes longer, and often requires sustained effort just to keep it moving. Following up, chasing responses, and navigating unclear communication becomes part of the experience.

One comment in the chat captured this reality clearly:

“It can be hard to get to the point of getting a final outcome letter… the amount of advocacy and chasing that needs to happen…”

Another highlighted how far removed the process can feel from everyday awareness:

“It takes far more than 12 months to even come into awareness…”

In response, the Ombudsman team acknowledged that delays particularly at the final response stage are common. They explained that in some cases, where delays are extreme, they may contact organisations directly, and they encouraged people to use their helpline for guidance when processes stall.

But even with that support, there was a sense in the room that the system places a significant burden on those trying to access it. By the time someone considers making a complaint, they are often already dealing with the aftermath of a difficult experience. Adding a lengthy and sometimes frustrating process on top of that can feel overwhelming.

The conversation also turned to accessibility. Questions were raised about language, digital access, and the assumptions built into how information is shared. Not everyone engages with systems in the same way, and not everyone finds it easy to navigate written guidance or formal processes.

Participants pointed out that some communities may never reach the complaints stage at all—not because issues don’t exist, but because the pathway itself is difficult to access.

This was reflected in a simple but powerful comment:

“We are assuming that everyone reads…”

There were also wider reflections about how systems could better meet people where they are, including:

  • making information available in more accessible formats and languages
  • reaching people through community networks, not just formal channels

Even within this practical discussion, the themes from earlier in the forum remained present. Trust, accessibility, and lived experience all shaped how people understood the complaints process.

Placed alongside the earlier presentations, this session added an important dimension. If the system fails as described in the discussions on racism and crisis care—then the ability to challenge that failure becomes critical. But if the route to accountability is difficult to navigate, many experiences may never be formally recognised.

What emerged was not a rejection of the Ombudsman’s role, but a recognition of the gap between what exists and what is accessible.

Because accountability is not just about having a process in place.
It is about whether people can realistically use it especially at a time when they may already be stretched, exhausted, and navigating multiple pressures.


Universal Care Plan and Carer Contingency Planning Update

The final contribution to the forum came from Thomas Ince, introducing the Universal Care Plan often referred to as UCP. After the earlier discussions on racism, crisis care, and accountability, this felt like a shift towards something more practical: what the system is trying to build in response to the gaps carers have been describing.

At its core, the Universal Care Plan is a digital tool designed to allow people to record and share information about their care. It sits within the NHS App and is intended to bring together health, social care, and voluntary services around a shared understanding of a person’s needs and preferences.

Thomas described how the system has evolved over time. It began with a focus on end-of-life care, making sure that a person’s wishes could be accessed quickly by professionals such as ambulance crews. It then expanded into areas like sickle cell crisis planning and is now being extended further to cover a wider range of conditions and situations.

The direction of travel is clear: moving from a professionally controlled system towards something more person-owned, where individuals can enter their own information and shape how their care is understood.


A Tool That Centres “What Matters to You”

One of the key features Thomas highlighted was a section within the plan that allows people to describe themselves in their own words. Rather than being defined only by diagnosis or clinical notes, individuals can record what matters to them information that can then be seen by anyone involved in their care.

In principle, this is a shift towards more personalised and human-centred care. It offers a way to capture context, preferences, and lived experience in a system that often reduces people to categories.

But for this forum, the most significant element was something more specific.


The Carer Contingency Plan

Thomas introduced a feature that immediately resonated with the group: the carer contingency plan.

This allows carers to record what should happen if they are suddenly unable to provide care. For example:

  • if they become unwell or need urgent medical attention
  • if there is a sudden change in their circumstances

In those situations, the system can alert professionals to the fact that someone is dependent on that carer and provide information about what support is needed.

For many carers, this addressed a very real and often unspoken concern:
what happens to the person they care for if something happens to them?

The idea that this information could be visible across services—rather than held informally or not at all felt like a meaningful step.


From Concept to Reality: The Challenge of Engagement

While the tool itself was broadly welcomed, the discussion quickly moved beyond what it does to how it will actually be used.

Thomas was open about the current stage of development. Although the system is available, it remains largely driven by professionals, with limited public awareness. One of the key aims now is to shift towards wider engagement encouraging people to take ownership of their care plans and input their own information.

This raised an important question in the room: how do you introduce a digital solution into communities where trust in services is already fragile?

Participants pointed out that many people particularly from ethnic minority backgrounds—do not engage easily with primary care systems. If the entry point to the Universal Care Plan is through those same systems, there is a risk that the people who could benefit most may not use it at all.

Suggestions began to emerge organically from the group, reflecting a more community-led approach:

  • working through carer centres, peer groups, and local networks
  • engaging cultural organisations and community leaders
  • using spaces where trust already exists, rather than relying solely on formal channels

There was a clear sense that communication could not be an afterthought. It needed to be built into the design of how the tool is introduced.


Language and Accessibility: A Tension Exposed

One of the most striking moments in this section came when language accessibility was discussed.

At present, the NHS App and therefore the Universal Care Plan is only available in English (and Welsh). Thomas acknowledged that this is a limitation and that while there are conversations about future solutions, no immediate changes are in place.

This prompted a strong reaction from participants. There was frustration that a tool described as “universal” could exclude large sections of the population from the outset. For some, this was not just a technical issue but a reflection of a wider pattern—systems being designed without fully considering the diversity of the communities they serve.

It brought the discussion back to a familiar theme from earlier in the forum:
inclusion cannot be added later, it has to be built in from the beginning.


A Step Forward With Conditions

Despite these concerns, there was recognition that the Universal Care Plan has real potential.

The idea of having:

  • shared, accessible information across services
  • visibility of carers and their responsibilities
  • a contingency plan that reduces risk in emergencies

addresses issues that carers have been raising for years.

But the conversation made it clear that the success of the tool will depend on more than its functionality. It will depend on whether people:

  • know about it
  • trust it
  • can access it
  • and feel that it reflects their needs and realities

Without that, there is a risk that it becomes another well-intentioned solution that doesn’t reach the people it was designed for.


Placing It in the Wider Conversation

Coming at the end of the forum, this presentation connected in an important way to everything that had been discussed earlier.

Where Saffron’s presentation explored the structural roots of inequality, and the KCL research showed how system delays affect people in crisis, the Universal Care Plan represented an attempt however early to respond to those issues in practice.

But it also revealed the ongoing challenge.

Because even when new tools are introduced, they are still shaped by the same system dynamics:
questions of trust, access, communication, and inclusion do not disappear they simply take new forms.

Are You a Carer? Help Improve Care Under the Mental Health Act

Post shared by Matthew McKenzie

When someone you care about experiences a mental health crisis, the system needs to work quickly, safely and compassionately. But for many families and carers, the reality can involve delays, uncertainty, and distress especially when assessments or admissions happen under the Mental Health Act.

Now, there is a meaningful opportunity for carers to use their lived experience to shape research that aims to improve this care.

The importance of the Research

In times of crisis, timely support can prevent someone from becoming more unwell or needing more restrictive interventions later. Researchers at King’s College London want to better understand:

  • Experiences of delays in Mental Health Act assessments
  • What happens during admissions to hospital
  • How care pathways could be made safer and more responsive

Crucially, they want carers and service users at the heart of this work.

A Paid Opportunity to Share Your Expertise

Family members and carers of young people or adults who have received care under the Mental Health Act are warmly invited to join a Lived Experience Advisory Board.

As a carer, your insight is invaluable. You will help:

  • Shape the direction of the research
  • Share your views on how care could be improved
  • Ensure the work reflects real-life experiences

Meetings will take place both online and in person (London), making it accessible to a wide range of participants.

Participants will receive £27.50 per hour (plus expenses) in recognition of their time and expertise.

Who Can Get Involved?

The research team would like to hear from:

  • Adults aged 18+ with experience of detention under the Mental Health Act
  • Family members and carers of young people or adults with experience of care under the Mental Health Act

If you have supported someone through assessment, admission, or crisis care, your perspective could directly influence how future services are designed and delivered.

Be Part of Making Care Safer

This work is funded by the Better Health & Care Hub at King’s College London and is focused on improving safety and outcomes for people in crisis.

Your lived experience can help ensure future families face fewer delays, clearer communication, and safer care pathways.

To get involved or find out more, visit:
tinyurl.com/MHAcarepathways

If you have any questions, you can contact Phoebe at:
phoebe.averill@kcl.ac.uk

Southwark & Lambeth carer forum update February 2025

Here is a brief update of the joint Southwark & Lambeth mental health carers forum I run the last monday of the month. The forum is a space for those caring for someone with mental ill health to connect and get updates from service providers.

As facilitator Matthew McKenzie emphasized the importance of managing guilt as a mental health carer, challenging unrealistic expectations, and setting boundaries for one’s own well-being. Matthew also stressed the need for self-care, seeking professional guidance, and advocating for respite care. The conversation ended with discussions on the concept of guilt, the challenges of being a carer, and strategies for holding care coordinators and social workers accountable.

Continue reading

Challenges of Nearest Relatives vs. Nominated Persons in Mental Health Care

Welcome back to my second post on the role of nearest relative Vs Nominated persons in mental health care. This time we look at the risks and challenges regarding the change to the mental health bill.

If you want to watch the video for a more detailed lecture, see below.

This blog post explores the complexities and risks associated with the roles of nearest relatives and nominated persons in supporting individuals with mental health conditions. Learn how communication barriers, lack of understanding, and structural challenges impact the quality of care and advocacy in the mental health system.

Understanding the Debate: Nearest Relative vs. Nominated Person in Mental Health Care

Mental health care reform is an ever-evolving field, aimed at better supporting individuals experiencing mental health issues and those who care for them. With new legislation like the Mental Health Bill under consideration, there are key discussions to be had about the roles of nearest relatives and nominated persons. This blog will delve into these roles, their challenges, and the implications of the proposed changes.

Background of the Mental Health Bill

The Need for Reform

The Mental Health Act last saw significant updates in 1983. Given the vast changes in our understanding and approach to mental health since then, the need for reform is apparent. The current bill under debate introduces several amendments aimed at modernizing the act to better address patient rights and care quality.

Patients under the mental health system have historically faced challenges such as inappropriate detentions and overmedication. The reforms aim to address these issues by improving treatment plans, reducing the use of police and prison cells for those in crisis, and ensuring more humane treatment for individuals with autism and learning disabilities.

Nearest Relative: Challenges and Considerations

Conflict of Interest

One of the primary challenges with the concept of the nearest relative is the potential for conflict of interest. The nearest relative’s views on treatment may differ from the patient’s preferences, potentially leading to tension and disputes. This can result in the patient not receiving the care they desire, which could exacerbate their condition.

Lack of Understanding

Many nearest relatives may lack a deep understanding of mental health issues and treatment processes. This lack of understanding can hinder effective advocacy and support, leading to poorer treatment outcomes. Although nearest relatives can gain knowledge over time, newly appointed ones may struggle initially.

Consent and Preference

Being designated as a nearest relative can occur without that person’s consent, leading to discomfort or resentment. Both the patient and the nearest relative may feel burdened by this legal imposition, complicating care dynamics and potentially diminishing the patient’s support system.

Limited Legal Power

Although nearest relatives have certain legal rights, they often find themselves with limited actual power, especially if the individual resists treatment or if professionals don’t fully engage with the relative’s concerns.

Exclusion from Care Decisions

Professionals may prioritize patient autonomy over family involvement, leading to situations where the nearest relative is not adequately consulted. This can undermine their supportive role, creating feelings of helplessness and frustration. With the Nominated Persons rule, the exclusion can be stronger, especially if the nominated person is at odds with the family, which can lead to tensions for whole parties. This is a major concern for Approved Mental Health Professionals, something I will probably cover later.

Complex Family Structures

Family complexities can further complicate the designation and effectiveness of the nearest relative. Tensions between family members regarding the care of a relative with mental health issues can lead to disputes and negatively impact the entire support system.

Nominated Person: An Emerging Role

Patient Autonomy and Choice

One of the major changes proposed by the Mental Health Bill is allowing patients to nominate a person of their choosing to support them, rather than defaulting to the nearest relative. This shift empowers patients to make decisions about their care support structure, potentially improving their treatment outcomes by involving someone they trust and feel comfortable with.

Role Definition and Training

The effectiveness of a nominated person hinges on clear role definitions and appropriate training. Currently, there are inconsistencies in how nominated persons are recognized and engaged within mental health services. Undefined roles can lead to misunderstandings and insufficient support. This is something Approved Mental Health Professionals are querying, because if family dynamics become an issue then it opens the door to a raft of legal issues.

Legal Authority and Support

Unlike nearest relatives, nominated persons currently do not hold significant legal power. This limitation can hinder their ability to advocate effectively for the patient, especially in emergency situations where immediate decisions are required.

Identifying Suitable Support

Not all patients may have someone suitable to nominate. Strained family relations or limited social support can make it challenging to find an appropriate person. Additionally, those nominated might lack the necessary understanding of mental health issues, mirroring challenges faced by nearest relatives. Most of the time, close relatives tend to stay around longer and nominated persons could drop off the role due to many pressures.

Potential for Conflict

If the nominated person’s views conflict with medical recommendations or the patient’s wishes, this can lead to tension and complicate care. To mitigate these risks, the role must be clearly communicated and agreed upon by all parties involved.

Common Challenges and Systemic Issues

Communication Barriers

Effective communication between mental health professionals, nearest relatives, and nominated persons is crucial. However, misunderstandings and communication breakdowns can negatively impact care quality and patient outcomes.

Resource Limitations

The mental health system often faces high caseloads and inadequate resources. Such limitations can hinder the involvement and support provided by both nearest relatives and nominated persons. Increased support and training resources are essential to address these challenges.

Training and Education

Inadequate training for mental health professionals regarding the roles and rights of both nearest relatives and nominated persons can lead to ineffective engagement and support. Comprehensive training programs and clear guidelines are necessary to improve collaboration and advocacy.

Structural Challenges

Navigating the mental health system is inherently complex, and the introduction of new roles such as nominated persons adds another layer of complexity. Ensuring that systems and structures are adaptable and can accommodate these new roles effectively is critical.

Moving Forward: Balancing Support and Autonomy

Improved Guidelines

The introduction of clearer guidelines and ongoing training for mental health professionals can help mitigate many of the challenges associated with both nearest relatives and nominated persons. These guidelines should focus on effective communication, role definition, and conflict resolution.

Case-by-Case Assessment

Implementing a case-by-case approach when involving nearest relatives or nominated persons can ensure that patient needs and preferences are respected. Close scrutiny and tailored support plans can help address individual challenges and complexities.

Enhancing Resources

Allocating additional resources to support both nearest relatives and nominated persons is crucial. This includes providing access to mental health education, counseling, and advocacy support, ensuring that all involved parties can contribute effectively to the patient’s care.

Conclusion: A Collaborative Approach

Both nearest relatives and nominated persons play vital roles in supporting individuals with mental health conditions. The challenges associated with each role can hinder their effectiveness, but by recognizing and addressing these challenges, we can improve the overall quality of care.

Ongoing training, clear guidelines, improved communication, and increased resources are essential for ensuring that both nearest relatives and nominated persons can provide the necessary support. A collaborative approach that respects patient autonomy while involving a supportive network can lead to better outcomes for individuals navigating the mental health system.

The debate around the roles of nearest relatives and nominated persons continues, but what remains clear is the necessity of a system that values the input of both groups while prioritizing the well-being of the patient. By working together, we can create a mental health care system that is more responsive, compassionate, and effective.

Understanding the Mental Health Bill 2024: The advanages of Nearest Relative and Nominated Person

Another blog post from carer activist Matthew McKenzie where this time he explores the positives of Nearest Relative and Nominated Persons.

The blog and Matthew’s video explores the benefits of nominated persons and nearest relatives in the revamped Mental Health Act 1983, aiming to empower patients and improve care outcomes through personalized support and advocacy. If you want to watch the detailed video, please watch below.

Understanding the Role of Nominated Persons in the Revamped Mental Health Act

Mental health care has undergone significant changes and discussions over the years, and one of the most notable at present is the revision of the Mental Health Act of 1983. As of the time this blog post was written, there are numerous updates being proposed in the new Mental Health Bill expected to come into effect in 2024 or 2025. This blog post aims to break down one vital aspect of these updates—the introduction of the role of nominated persons and how this differs from the historically established role of the nearest relative.

The Need for Change

The original Mental Health Act of 1983 has been considered outdated for various reasons. It had provisions that led to excessive sectioning, over-medicalization, and inappropriate detention practices. This bill not only failed to offer adequate support to those with mental health issues but also often resulted in patients being treated inhumanely. Thus, the overhaul is focused on modernizing mental health support, enforcing humane treatment, and addressing disparities in the system. It aims to introduce several reforms that include:

  • Treatment Plans Over Prisons: Stopping the use of prison cells to house those experiencing mental health crises.
  • Support for Autistic Individuals and Those with Learning Disabilities: Ending unnecessary detentions.
  • Increased Family and Carer Involvement: Ensuring better outcomes for patients by involving their families’ input in treatment plans.

One significant change flowing from these reforms is the introduction of a new role, the nominated person, which aims to provide more tailored and effective support for individuals experiencing mental health issues.

The Role of Nearest Relative

In the existing framework, a nearest relative usually falls into a specific legal family hierarchy and plays a crucial role in a patient’s mental health care. Let’s explore the benefits and duties associated with the nearest relative:

Legal Rights and Representation

The nearest relative has particular legal rights under the Mental Health Act, such as the right to be notified if their family member is detained. This notification process is essential because it ensures that the nearest relatives are aware of the situation and can provide rapid support.

Involvement in Decision-Making

Being a close family member, the nearest relative is often well-placed to advocate for the individual’s treatment preferences and wishes. They can ensure that the treatment aligns with the patient’s values and desires, although this heavily depends on the complexity of the family dynamics.

Emergency Support

During a crisis, the nearest relative can quickly step in to advocate for their loved one’s needs and preferences, ensuring that timely interventions are instituted.

Continuity of Care

The nearest relative is likely to maintain ongoing support for the patient, ensuring continuity of care from the hospital to home.

Facilitation of Family Communication

The nearest relative can help ensure that all family members are informed about the patient’s situation, thus fostering a well-rounded support system for the patient.

Limitations of the Nearest Relative Role

While the role of the nearest relative has these benefits, it also presents several challenges:

  • Family Dynamics: Relationships within the family can be complex and strained, potentially making the nearest relative unsuitable for the caregiving role.
  • Consent and Confidentiality: Issues can arise when the patient does not consent to share information with the nearest relative, leading to confidentiality disputes.
  • Safeguarding Risks: If there has been a breakdown in the family relationship, involving the nearest relative can sometimes pose a risk to the patient’s well-being.

The Role of Nominated Persons

The new bill introduces a concept that shifts some control to the patient by allowing them to choose a nominated person. The nominated person serves to advocate effectively on behalf of the patient, ensuring that their preferences and rights are respected.

Conflict Resolution

One of the significant benefits of having a nominated person is conflict mediation. This role can act as a neutral party to mediate between the patient, mental health professionals, and family members when disagreements about treatment arise.

Patient Empowerment

By allowing the patient to choose their nominated person, this role empowers the patient, giving them a greater sense of control over their treatment and care. This empowerment can dramatically improve the patient’s mental health outcome.

Personalized Advocacy

The nominated person is in a position to provide support tailored specifically to the patient’s individual needs and preferences. This focused support tends to align treatment more closely with the patient’s values.

Expanded Support Network

Designating a nominated person allows individuals to expand their support network beyond immediate family, including option close friends or other trusted individuals. This can be especially beneficial when the family dynamics are not conducive to supporting the patient’s needs.

Representation

The nominated person’s primary duty is to advocate effectively for the patient in care discussions, ensuring that the patient’s preferences are prioritized.

Facilitation of Communication

The nominated person can also facilitate communication between the patient and mental health professionals, ensuring the patient’s voice is heard.

Balancing Both Roles

Both the nearest relative and nominated person roles come with their distinct advantages and inherent challenges. It’s crucial to strike a balance to ensure that individuals receive the appropriate care that respects their rights and preferences.

Complementary Roles

When utilized effectively, these roles can complement each other. The nearest relative can provide a broad safety net of involvement, while the nominated person can offer tailored support.

Safeguards

Appropriate safeguards must be in place to ensure a nominated person is suitable, particularly when trustworthiness and the complexity of relationships come into play.

Holistic Approach

An effective approach would be holistic, examining each situation on a case-by-case basis. This individualized consideration should guide how both roles are utilized to support the patient’s well-being comprehensively.

Conclusion

The revamped Mental Health Act introduces important reforms that aim to modernize the support system for individuals with mental health conditions. By incorporating the roles of nearest relatives and nominated persons, the act seeks to strike a balance between structured legal advocacy and personalized support.

Key Points to Remember:

  • The nearest relative holds significant legal rights and plays a foundational role in emergency support, continuity of care, and communication.
  • The nominated person empowers patients by granting them the ability to select someone they trust to act as their advocate, focusing on personalized and effective mental health care.
  • Both roles have benefits and challenges, and the patient’s well-being should be the central consideration in determining their use.
  • The introduction of the nominated person role enhances the patient’s autonomy and choice, which is vital for their mental health recovery and well-being.
  • Balancing these roles requires careful consideration, safeguards, and a holistic approach to cater to each patient’s unique situation.

The goal is to provide an empowering, supportive, and respectful care environment for those experiencing mental health challenges. By recognizing the strengths of both roles, mental health services can better cater to the needs of their patients, ultimately leading to more positive outcomes.

SW London MH Carer Forum March 2021

Welcome to the South West London Carers forum. One of the new carer forums I co-chair along with another member who is on the involvement of South West London & St George NHS Mental Health Trust or SWLSTG for short. The carer forum is a hybrid of the other carer groups I run. What I mean by that is somethings us unpaid carers meet together and chat about how things have been going for us. Then other times we have selected speakers inform, educate and engage with us about mental health services and involvement in health and social care. The SW London carers forum started last year (2020) mainly as networking and peer support.

For the March SW London carers forum. We are continuing to seek more engagement, especially when it comes to carer strategies. The carer forum is easily one of the furthest reaching group, since SWLSTG covers mental health services in 5 boroughs that being Merton, Kingston, Richmond, Sutton and Wandsworth. A good thing about those boroughs is I have good relations with all the carer centers and one of them is contributing to my new book.

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Southwark MH Carers forum May 2020

logo and coverHere is May’s update of the Southwark mental health carers forum. This is one of the 4 to 5 carer groups I run each month. All carer forums and support groups are run online via Zoom due to social distancing because of COVID-19. I feel families and carers still need to know what is happening with services especially when health and social care is under strain.

In attendance for the forum we had carers from Southwark and also from Lambeth since the Lambeth carers forum is not running at the moment. We were also joined by trustees of Southwark Carers, plus Southwark Healthwatch were in attendance. We were also joined by Maudsley’s NHS Southwark inpatient carer lead, plus a carer who co-runs their carer groups. The main presentation was from Bernadette Pickerell who is SLaM’s Mental Health Act Team Leader and Senior MHA Co-ordinator.

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Reform of the Mental Health Act Debate

parliamentI was recently invited to observe an important debate regarding the Mental Health Act review. The debate was held at Westminster Hall over in Parliament on the 25th of July 2019.   It must be only the second time I have visited Parliament and if some of my forum members was not there, I would have easily got lost.

I have to thank the Lewisham carer members for attending the debate, it was a lot to ask of them. I wanted to also ask the Lambeth carer members, but that forum was on the same morning and I had to cut my chairing of the forum short. One of the members from the Southwark carers forum wanted to attend, but was held up and I know she is very involved in the mental health act review.

Before I continue, what is the mental health act?

The Mental Health Act 1983 is an Act of the Parliament and it covers how people who are brought into mental health treatment. The MHA also covers the care of mentally unwell persons. There are cases when a person can be detained, also known as sectioned, under the Mental Health Act (1983) and treated without their agreement.

It is important to remember that under the Mental Health Act (MHA), you can be detained if Mental Health professionals think your mental health puts you or others at risk, and you need to be treated in a safe environment.

When someone mentally unwell ends up being detained, they have certain rights.

– They have the right to appeal, and the right to get help from an independent advocate.
– To have someone explain what happens to you and why.
– The right to ask questions on why you are detained.
– The right to confidentiality, although this can be a tricky area.
– The right to be involved in your care plan.

There are also many other rights including equality, but these and other rights can be saved for another blog.

Why was there a debate on the mental health act?

The area many reasons for the debate on the mental health act, the most common being that the times have changed and the mental health act 1983 needs to reflect the changing environment. There are also problems with the mental health act, and I mean big problems.

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The previous Prime Minister asked the Professor of Psychological Medicine at the IOPPN (Sir Simon Weesley) to review the Mental Health Act. There have been numerous challenging mental health cases that challenge the legislation of the mental health act. These cases are very tragic and have lead to many serious incidents and investigations. Some cases have had very long delayed investigations and many patients and their loved ones have suffered for it.

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