Compulsory powers will not solve anything if treatment is not available. Experience shows that Compulsory Treatment Orders are more likely to be used against black and ethnic minority people than white people. This addresses the needs of people who say that they are glad they were given compulsory treatment, even though they didn t want it at the time. The Richardson committee recommended a higher threshold for the imposition of compulsion on those with capacity. The Government suggests that the criteria should be the same for those with and without capacity, on the grounds that the only important consideration is the degree of risk presented.
Mind believes that the question of capacity is essential to a new Mental Health Act.
We do not believe that people should be treated against their will if they have the capacity to make decisions about treatment. If there were serious risk of violence to others, they might need to be compulsorily detained, but should not be treated against their will. The primary focus should not be on risk but on capacity and where people lack capacity, on what is in the best interests of the person concerned. The Government asks for views on whether a capacity-based approach to compulsory treatment is helpful. The Richardson Committee recommended that ECT should never be imposed on a patient who retains capacity and is not consenting.