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Many people, including those with drug and alcohol problems, could be held indefinitely on compulsory treatment orders under new proposals for mental health care, MPs have been told.

The warning to the joint committee on the draft mental health bill came from Mental Health Act Commission chief executive Chris Higinbotham and Professor Genevra Richardson, who chaired the expert committee that published a review of the Mental Health Act 1983.

Higinbotham told the committee that the commission was concerned about the way in which compulsory orders could be used on people who did not necessarily have underlying mental health problems. Under the orders people can be detained in hospital or given compulsory treatment in the community.


He said: "No person should be considered to be suffering from mental health problems solely on the basis of dependence on alcohol or drugs. The definition of mental disorder [in the bill] is very broad."

Higinbotham said the main concern was that the draft bill could be used as a controlling agent, particularly for young black people who are drug users.

He added that this mean the draft bill would be effectively implemented as an antisocial behaviour order.

He said:"It is clearÉ there will be many more powers [in the bill] and that many people will come within the terms of the bill. It will mean more mental health tribunals."


Richardson said she was concerned that people could end up on indefinite orders when transferred from hospital to the community.

She said:"I fear there will be a significant increase in the use of compulsory powers."

Higinbotham also told the committee the post-tribunal arrangements were "simply not acceptable".

He said the way in which the non-resident orders will develop could lead to "the potential for a civil restriction order without end".