Professor Judy Laing cited in government report on new Mental Health Bill

Professor Judy Laing giving evidence to the Joint Committee on the draft Mental Health Bill.

Press release issued: 19 January 2023

Today the House of Commons and House of Lords Joint Committee, appointed to consider the Government's draft Bill to reform the Mental Health Act 1983, published its report. With years of extensive research in the area of mental health law, policy and human rights, the Law School’s Professor Judy Laing has been active in shaping and responding to the Draft Mental Health Bill, which has important implications for the health and wellbeing of thousands of people in England and Wales.

In September 2022, Judy Laing, Professor of Mental Health Law, Rights and Policy, submitted written evidence together with Dr Jeremy Dixon (University of Bath) to the Joint Committee on the Draft Mental Health Bill on some of the Bill’s legal implications, and in November 2022 was invited to give oral evidence. Professor Laing said:

“It is encouraging that the committee has urged the Government to make significant reforms to the mental health bill, which will provide further protection for patients treated under the Mental Health Act. Recommendations from the report support more measures to respect the rights and preferences of those directly affected, including additional safeguards such as Advance Choice Documents which gives patients more control over their treatment."

During her evidence Professor Laing highlighted the need to ensure that patient rights are foregrounded in the new legislation. Strengthening the safeguards and legal protections for patients, she said, can be promoted by embedding guiding principles on the face of the new Act to give them greater prominence and legal force, as per the recommendations of the Independent Review on Modernising the Mental Health Act published in December 2018.

“My evidence to the Joint Committee reinforced how important it is to include principles that focus on patient autonomy, choice and least restriction in the Act to ensure that professionals follow them when making decisions to use compulsory admission and treatment. These changes to the bill are long overdue and essential to promote dignity and respect, while also giving people greater autonomy and control over their treatment'.

From January 2021 - July 2022, Professor Laing secured a Parliamentary Academic Fellowship, working with House of Commons Library researchers on research briefings and enquiries relating to mental health law and policy, including law reform.

This work contributed to the provision of the best possible analysis for parliamentarians on reforms to the Mental Health Act, and the implications of Covid-19 for law and policy related to mental health and human rights.

Find out more: 

Watch a recording of Professor Judy Laing giving evidence to the Joint Committee on the draft Mental Health Bill on 15 November 2022.  
Read Professor Laing’s written evidence:
- Written evidence submitted in September 2022 together with Dr Dixon
- Supplementary written evidence submitted in December 2022 
Professor Laing and Dr Dixon wrote an article for The Conversation: ‘How reform to the Mental Health Act should balance people’s treatment with increased autonomy.’
Professor Laing also gave oral evidence to the Joint Committee on Human Rights earlier in 2022: Watch a recording of Professor Judy Laing giving evidence to the inquiry into protecting human rights in care settings on 23 February 2022.

Further information

Professor Judy Laing is Professor of Mental Health Law, Rights and Policy at the University of Bristol Law School. She has a long-standing research interest in mental health/capacity, law, and human rights, and has published extensively on these topics. Judy is an adviser to the Care Quality Commission as a member of itsMental Health Act External Advisory Group (2014-present) and a member of the editorial boards of the Medical Law Review, the International Journal of Law and Psychiatry, and Medicine, Science and the Law. 

The Centre for Health, Law, and Society (CHLS) promotes cross-disciplinary and cross-sector perspectives on the impacts of law and governance on physical, mental and social wellbeing. Based within the University of Bristol Law School, the CHLS comprises leading scholars whose work focuses on wide-ranging practical areas from within and far beyond health care systems, including clinical medicine, reproductive care, mental health, social care, and public and global health. 

The LLM in Health, Law, and Society: Marking a clear evolution in the field of Law and Health, this distinctive master's level degree goes beyond traditional courses on healthcare law. Looking at the relationships between law, governance, and health across society and governmental sectors, it opens up diverse career opportunities in and out of law. 

Find out more about student opportunities at the Centre for Health, Law, and Society.

The Human Rights Implementation Centre (HRIC) at the University of Bristol Law School is a leading institution for the implementation of human rights, that works in collaboration with a number of organisations and bodies, including those in the United Nations, the African Union, the Council of Europe, as well as with governments and organisations at the national level. 