Amendment made: 35, in schedule 2, page 76, line 37, leave out from “patient” to end of line 38 and insert

“means—

(a) a person by whom a nominated person is appointed under Part 1 of Schedule A1, or

(b) a person for whom a nominated person is appointed under Part 2 of that Schedule.”—(Stephen Kinnock.)

This amendment corrects the definition of “patient” in new section 30B(7) (which inadvertently goes too wide since in certain cases it would cover an approved mental health professional).

Amendment proposed: 41, in schedule 2, page 77, line 21, at end insert—

“(3) Where the patient has not yet reached the age of 16 (the ‘child patient’), the nominated person must be a person with parental responsibility for the child patient, unless the factors set out in sub-paragraph (4) below apply.

(4) A person who has parental responsibility for a patient under the age of 16 (‘the parent’) must not be the nominated person if—

(a) the parent is subject to a prohibited steps order under section 8 of the Children Act 1989;

(b) a local authority is taking action under section 47(8) of the Children Act 1989 to safeguard the child patient or otherwise protect the child patient’s welfare due to concerns about the parent; or

(c) the local authority has made enquiries under section 47(1) of the Children Act 1989 and concluded that the child patient is suffering, or is likely to suffer, harm at the hands of the parent (within the meaning of section 31(9) and (10) of that Act).”—(Dr Luke Evans.)

This amendment would stipulate that the nominated person for a patient under the age of 16 must have parental responsibility for the patient, unless there are safeguarding concerns.

Question put, That the amendment be made.

The House divided: Ayes 164, Noes 333.

Question accordingly negatived.

Third Reading

I beg to move, That the Bill be now read the Third time.

Since the Mental Health Act 1983 was passed, and since it was updated in 2007, attitudes towards mental health have shifted dramatically, and our understanding has grown, but the law has been neglected. That is why this Government were proud to announce this Bill in our first King’s Speech, fulfilling our manifesto commitment and taking the first steps towards ensuring patients are consistently treated with dignity and respect—promise made, and promise delivered.

It is clear that adults and young people with mental health issues have been let down for years, which is why we are transforming the current mental health system through our 10-year health plan, including through recruiting more than 8,500 additional mental health workers, delivering more NHS talking therapy appointments than ever before, increasing the number of mental health crisis centres, and providing access to a specialist mental health professional for every school in England.

Today, we are another step closer to delivering the reforms to dealing with people with severe and acute mental health disorders, a step closer to strengthening and clarifying the criteria for detention, and a step closer to better supporting clinicians to make the right decisions around appropriate care and treatment, including community treatment orders. We want to make sure that patient choice and patient needs are at the heart of decision making. That is why we are introducing these reforms to enshrine in law measures such as the clinical checklist, the use of advance choice documents, the role of nominated persons and the expansion of advocacy services.

We are increasing the scrutiny and oversight of compulsory detention. We are making sure that those patients who are detained have a clear path to recovery and to discharge. We are introducing statutory care and treatment plans for all patients, so that their needs are met both during and after their hospital stay. To reduce reliance on in-patient care and ensure that people with a learning disability and autistic people get the right support, we are limiting the scope for detention. We are also introducing a package of measures to improve community support, including statutory care, education and treatment reviews and dynamic support registers. We are introducing stronger safeguards for people who lack capacity or competence to consent to treatment—a potentially highly vulnerable group. Those patients will receive a second opinion-appointed doctor at an earlier stage in their treatment.

This Bill has been the product of years of work predating this Government, and it is right that we thank hon. Members and peers for their scrutiny and support over many years. We should particularly note the work of the former Prime Minister Baroness May for launching the independent review that paved the way for this legislation, along with the review chair, Sir Simon Wessely, and his vice-chairs, Steven Gilbert, Sir Mark Hedley and Baroness Neuberger.

I thank Members who served on our Public Bill Committee, including the Chairs, and the clerks and all the parliamentary staff who have worked hard to ensure that the Bill was subject to the proper scrutiny while ensuring smooth and quick passage. I also thank the Joint Committee on Human Rights and particularly Lord Alton for its report and recommendations. I am grateful to the devolved Governments for their support during the Bill’s passage and to the Welsh Senedd and Northern Ireland Assembly for granting legislative consent. I thank the Bill team, my private office and all the officials and stakeholders over numerous years who have worked hard to get this legislation to where it is today.

Above all, thanks go to those with lived experience who have bravely shared their personal experiences with us through the independent review, through our consultation with stakeholder groups and through Members across both Houses. The Bill is the product of sustained effort over a number of years. That work will continue following the Bill’s Royal Assent, but none the less it is an important moment to acknowledge and pay tribute to those who have got the Bill to where it is now.

The work continues as we look to implement the legislation. The first priority once the Bill gets Royal Assent will be to draft and consult on the code of practice. We will engage closely with people with lived experience and their families and carers and with commissioners, providers, clinicians and others to do that. Much has been done, but there is much more to do. This Government are delivering on our commitment to modernise the Mental Health Act, and the work begins now to deliver that change on the ground. The Bill will of course now go to the other place, and I thank peers for their previous extensive consideration. I hope the noble Lords will be able to agree to the changes made in this House, so that the Bill can make swift progress to Royal Assent. I commend this Bill to the House.

I call the Shadow Secretary of State.

I want first to recognise and thank everyone for the constructive debates we have heard here and in the other place throughout the Bill’s passage. In particular, I thank the Shadow Minister, my hon. Friend Dr Evans, for everything he has done on the Bill, especially in Committee. I pay tribute to my hon. Friend Dr Spencer for his expertise, whose involvement with the Bill began before he was elected to this place. I also pay tribute to my right hon. Friend John Glen and my hon. Friend Gregory Stafford for their thoughtful contributions.

This is clearly an important and emotive issue, and the respect and sensitivity that have been shown by all sides is a testament to this House. Since the election, we have said that we would not oppose for the sake of Opposition. While we have rightly asked tough questions of the Government, we have done so with the best interests of patients at heart, because everybody here wants to help and support vulnerable people better—those patients with the most severe and complex mental health needs. This Bill, which started under the previous Government—I pay tribute to former Prime Minister Baroness May for that—and continued under this Government, will achieve that. We welcome efforts to improve the patient’s voice and involvement in their own care, to ensure that patients receive effective and appropriate treatments, to minimise restrictions on liberty so far as is consistent with patient and public safety, and to treat patients with dignity and respect.

Although we are disappointed that opportunities to strengthen the Bill further have been missed, especially in public safety and the protection of vulnerable children, we listened closely to what the Minister said and to his assurances on action, for which we thank him. We will of course continue to push on these matters, not on party political grounds, but because doing so is the right thing for patients.

We are very disappointed that the proportion of health spending on mental health has been reduced. We welcome the Government’s continuation of our work looking again at how we treat and protect people with the most severe mental health illnesses, so that we can improve the safety, treatment and dignity of patients and the wider public, and ensure that our Laws remain relevant and proportionate in the modern world. The Government must now turn their words into action and deliver on the commitments that they have made.

I thank everybody again for the constructive way in which they have dealt with the Bill. We are pleased to support its Third Reading. We hope that it will bring improvements for those we all care about: the patients.

I call the Liberal Democrat spokesperson.

The Liberal Democrats support the Bill, which makes mental health law much fairer and more compassionate. However, reforming detention law is only half the job, because without investment in prevention and community care, the Bill risks becoming an improved way of managing failure rather than preventing it. Without proper early Intervention, people deteriorate until crisis is the only door open to them.

Melbury Lodge in my Winchester Constituency shows what a good partnership can look like: NHS teams working with citizens advice to help patients sort out debts, Bills and benefits before discharge—recovery is impossible if patients return home to a pile of threatening letters and bills. Yet schemes like that are the exception, not the rule. Debt, insecure housing, domestic abuse and bereavement are not side issues—they are often root causes—and care plans that ignore them are not truly caring.

Before I bring my remarks to a close, I pay tribute to the extraordinary people working at the frontline of mental health care—nurses, doctors, counsellors, therapists, support workers, carers and charities—who hold up a system that too often feels as if it is collapsing around them. Their compassion and professionalism are the reason so many people make it through their darkest moments. They deserve much more than just thanks; they deserve a system that supports them as much as they support others.

In my years of campaigning for better mental health, including as a trustee of a mental charity and, in the past year, as the Liberal Democrat mental health spokesperson, I have become more convinced that mental health cannot be seen as the responsibility of NHS services alone. It must be embedded across society, in education, healthcare, housing, farming and even in the way we support small businesses.

I thank the Minister and his team for all their work on the Bill and their cross-party engagement, as well as everyone who served on the Bill Committee and the Members who have turned up repeatedly to these debates. One thing that does unite the House is improving mental health care.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.