Revised act would not allow us to treat patients whose mental health undermines their capacity to consent

As proposed changes to the Mental Health Act spark debate, Professor Anne Doherty explains why doctors must continue to provide non-consensual care in the case of mental distress

The proposed amendments to the Mental Health Act would restrict the treatment of patients who do not have the capacity to see that they need that treatment in the first place, on the grounds that this would impact on their human rights.

Proposed amendments to the Mental Health Act have generated significant debate over the past number of weeks. At the core of the argument are the human rights of patients, and how these rights can be upheld while accessing certain types of treatment.

In an ideal world, we would not need hospitals for mental or physical illness and no one would become ill. But this is an imperfect world, and when people are ill it is critically important that they have access to treatment – even if they cannot make that decision for themselves.