Monitoring The Mental Health Act in 2018/19
Published by the Care Quality Commission and State of Care.
Throughout this report, we have considered how agreed human rights principles – Fairness, Respect, Equality, Dignity and Autonomy (FREDA) – are applied to people affected by the MHA.2 These principles are considered to underpin all international human rights treaties, incorporating articles used in the Human Rights Act 1998.
Our analysis of findings from our MHA monitoring activity in 2018/19 suggest that these principles are not always being applied to the care and treatment of detained patients. More needs to be done to understand and address issues of inequality, both for people in Black and minority ethnic (BME) groups, and people in other equality groups. Oversight of the MHA at board level must include how human rights and equality issues for all patients will be monitored and addressed, as well as ensuring that care and treatment is given in the least restrictive way, through the implementation of a reducing restrictive interventions programme.