Mental Health Bill [ Lords ] (Seventh sitting)

Zöe Franklin Excerpts

Committee stage
Thursday 19th June 2025 Public Bill Committees

[Zöe Franklin (Guildford) (LD)]

It is a pleasure to serve under your chairmanship, Sir Desmond. I rise to speak to new clause 21, which would place a clear statutory duty on integrated care boards to offer advice and support to families or carers of patients receiving aftercare under section 117 of the Mental Health Act.

I thank the Minister for his comments about the new clause. I acknowledge what he says about the statutory guidance and code of practice, but I hear from far too many patients and their families living in my constituency of Guildford that advice and support is often not being provided and that authorities are falling short.

This new clause is rooted in a very simple principle: good mental health care does not end at the point of discharge. Recovery is often long, fragile and dependent on support at home, yet families and carers—the people holding things together day in, day out—are often left behind with little or no guidance. This clause seeks to change that: it would ensure that carers are given clear information about the patient’s condition and recovery journey, supported in helping to prevent relapse and readmission, linked to relevant support systems, including housing and social care, and provided with a route to raise concerns if they believe that someone is at risk in future.

[Jen Craft]

Having looked at new clause 21, I have a rather large concern about consent. The hon. Lady is setting out what the integrated care board would have a duty to do, including giving information about a “person’s condition and recovery” to

“the family or carers of the person discharged”.

I have a significant concern that the person being discharged may not have the kind of relationship with their family or carers that would make that helpful. The clause, as drafted, does not seem to make allowance for consent, except where

“the person is at future risk of detention”

under part II of the Mental Health Act. I would welcome the hon. Lady’s thoughts on that.

[Zöe Franklin]

The hon. Member makes a really good point. There is definitely a place for ensuring that we work on this further to make sure that it covers that. I will come on to that later, if she will allow me.

We know that early intervention is key. We know that families, carers and those around an individual are often the first to spot the warning signs, and that they need to feel empowered, not sidelined. I hear time and again, as I am sure hon. Members across this Committee Room have heard, from people who have been left out of the discharge planning for their loved ones. They say that they have received no clear information and that they feel unsupported and unable to fully support their loved one when they return home.

Importantly, the new clause sets out a process whereby, if a family member wants to raise a concern, the team must consider whether that individual should be added to the register of persons at risk of detention under part II of the Mental Health Act. We believe that this is a sensible, joined-up approach to prevention, spotting risks early and acting before a crisis point is reached. Finally, the new clause would require the Secretary of State to publish national guidance and ensure consistency and clarity across the system.

We often speak of carers as the invisible workforce of our NHS. The new clause would make their contribution visible by recognising their role and giving them the information and support they need to fulfil it well.

[Dr Evans]

Forgive me if I missed it, but I did not hear any discussion of this point. I am slightly concerned about the way the new clause is written, as it could be a duplication of the support, protections and duties put in place through the Care Act 2014. Could the hon. Member set out how the new clause would run in parallel with the Care Act? Is it complementary, or does it work against it?

[Zöe Franklin]

In my final comments, I was going to say to the Minister that, having considered the points he set out in his opening statement in relation to this clause, I am prepared not to press the new clause. I appreciate that some of the information already exists in the Bill and in the existing documentation to which the shadow Minister referred. I also acknowledge the point made by the hon. Member for Thurrock, that some aspects around consent must be dug into.

However, I ask the Minister to work with me, my hon. Friend the Member for Winchester and other hon. Members with an interest in the issue, so that he can hear our constituents’ experiences of where the current guidance is clearly not working, and ensure that appropriate additions are made to the supporting documents for the Bill to address the concerns that we have raised in the new clause.

Ordered, That the debate be now adjourned.—(Taiwo Owatemi.)