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Mental health policy has developed faster and more dynamically over the last two years than during any other period, but detained patients are still being denied basic rights, the Mental Health Act Commission says in its biennial report, writes Katie Leason.

Margaret Clayton, chairperson of the commission, said the findings demonstrate the need for the government’s plans to reform the Mental Health Act, but added that the "real crunch" will come when the legislative detail is revealed.

"Drafting and implementation of the legislation will require a high degree of consultation with all concerned and careful phasing if the gaps between intention and achievement which we have identified are to be filled," she said.

Many detained patients are still denied basic rights such as fresh air, the report says.

It recommends that social services should develop standard forms for ASWs to complete when admitting a patient to hospital under the Mental Health Act, to ensure that all the relevant information is left with the hospital.

It also suggests that standard formats should be developed for ASW’s reports, which include details of how the nearest relative was identified and consulted. This will help to ensure that the admission documents are legally valid.

The commission also recommends that all the relevant agencies, including social services, take particular note of discharge planning requirements for patients subject to Section 117 of the act.

The findings are based on interviews with nearly 20,000 detained patients between 1999 and 2001.

The Mental Health Act Commission Ninth Biennial Report 1999-2001 is available from the stationery office on 0870 600 5522.