I will resist the temptation to go back to the start of my speech; I am sure that the Committee’s memories of it will have lasted over our short lunch break.
I was saying that although the Government’s reforms are, on the whole, positive, we must remain vigilant. The consideration of risks must be applied carefully and consistently to avoid unintended consequences such as deterring clinicians from using community treatment orders when they are genuinely needed or, conversely, enabling an overly cautious approach that restricts patients unnecessarily. We should also be mindful that some patients may find the process of extension and review stressful or confusing. Clear communication and patient involvement, as mandated, must be prioritised to uphold dignity and autonomy. Will the code of conduct aim to ensure a clear and definitive process for keeping patients and their advocates informed as to their rights in the process and what to expect?
The Committee must also address a key reason why this part of the law is being amended and why there is so much concern about the current state of mental health legislation: racial disparities. This concern is well documented. There is disproportionate use of CTOs on black men. We have known for years that black people, particularly black men, are more likely to be detained, more likely to be diagnosed with a psychiatric disorder and more likely to be subject to coercive interventions under the Mental Health Act 1983. Those things are clear for all to see, but the reasons are not so clear.
We should address the well-documented racial disparities in the use of CTOs. The 2018 independent review of the Act makes it clear that black African and black Caribbean people are disproportionately detained under the Act and subject to CTOs. Despite representing a small percentage of the population, black patients account for a disproportionately high number of CTOs: digital data from the NHS in 2019-20 shows that they make up 13% of CTOs, compared with just 3% of the population. That is supported by research published in BJPsych Open, which found that black patients are roughly two to three times more likely than white patients to be subject to a CTO.
The Care Quality Commission has highlighted the disproportionate impact of CTOs on the black and minority ethnic community, raising serious concerns about trust and engagement with mental health services. What does not seem so clear is the reason why. Although we are observing clear disparities in outcome and treatment experiences among ethnic minorities in the UK health system, including in mental health care and beyond, the precise cause remains complex and not fully understood.
The patterns that we are seeing, such as disproportionate detention rates, difference in access and poor outcomes, raise serious concerns about care in the UK. However, it is important to recognise that correlation is not causation. These disparities may arise from a range of factors, including biological or genetic factors, socio-economic inequalities, cultural differences, health status or presentation and geographical settings, and there is even the possibility of biases within the service.
To develop effective solutions, we must invest in rigorous and independent research that moves beyond correlation to explore the underlying causes and mechanisms. Only then can we decide on interventions that truly address the roots of inequality, rather than just the symptoms. To that end, what steps is the Minister taking to better understand what is happening with CTOs in the field of serious mental health specifically? What concrete action will the Government take to collect better and more granular data on the disproportionality?
It is not just about the numbers; it is about understanding the root cause. Will the Government commit to commissioning quantitative as well as qualitative research into the lived experience under CTOs of black patients in particular? Will they consult community organisations as part of that work? I worry that not fully understanding the cause of the problem will mean that, at best, we might slightly mitigate it and, at worst, we will compound it or create a new problem that is harder to treat.
Clause 6 represents a thoughtful step towards balancing patient liberty with patient safety and clinical necessity. It will strengthen safeguards, clarify criteria and promote regular oversight, all of which are crucial for the ethical and effective use of CTOs. However, in using CTOs, we must better understand what is happening in the real world. We must not jump to a simplistic cause of systemic bias without truly understanding that cause, and not simply the correlation. I look forward to hearing from the Minister on that point.
With that in mind, I turn to Government amendment 30, which will remove the review of CTOs. It was tabled in the other place by the Lib Dem Lords but received support from across the House. The amendment would remove subsection (3) from clause 6. Subsection (3) is designed to introduce statutory safeguards around the use and duration of community treatment orders. In the Lords and more widely, there is, rightly, much debate about CTOs and their place and use. When used appropriately, in a careful and considered context, they can provide a less restrictive alternative to hospital detention and enable patients to continue their recovery in the community. However, the key word is “appropriately”. That is why the Opposition have concerns about the removal of the subsection. It contains reasonable, proportionate safeguards that do not undermine the purpose of CTOs but strengthen their legitimacy, transparency and accountability.
Under the Government’s proposal, those safeguards—such as a 12-month maximum duration, regular six-month reviews, and the requirement to consult independent psychiatrists before extending a CTO—would no longer be set out in statute. Instead, we are told that clinicians will be guided by a code of practice and existing professional standards. However, why rely on guidance when we can legislate for clarity and protection? Will the Minister explain why the Government prefer a non-binding code of practice over statutory time limits and reviews, particularly as CTOs involve a significant curtailment of liberty? Does he believe that that is congruent with the principles now enshrined in the Bill?
The stakes may be too high to depend on discretion alone. CTOs are one of the few mechanisms in the health system through which someone can be compelled to comply with treatment in the community and can potentially be recalled to hospital, even if they are not in crisis. That makes clear oversight essential. The Government assert that tribunals will serve as a safeguard, with more frequent referrals. However, as many colleagues have pointed out, tribunals often defer to the clinical judgment presented to them, which risks creating a loop.
Forgive me, but will the Minister tell the House how many tribunals overturn or terminate CTOs at those reviews? Does he believe that they are robust enough to act as an effective check? Are they simply a procedural step? To that end, what steps is the Minister taking to better understand what is happening specifically in the field of serious mental health? What concrete action can we expect in order to better collect the data?
When the Government proposed the amendment that would remove subsection (3), they introduced important safeguards about the duration, review and oversight of community treatment orders. I acknowledge the Government’s position, and Ministers have been clear that they are responding to the concerns raised by stake-holders—including clinicians who support patients with eating disorders, and clinicians in forensic settings—that a rigid time limit on CTOs might remove necessary support from those who are still benefiting from them. That position was reflected in the letter circulated on 11 December 2024 by Baroness Merron, following the debate in the other place. It says that a
“strict time limit risks removing support for those patients who were benefiting from Community Treatment Orders.”
It continues:
“This wouldn’t feel in keeping with the principle of treating the person as an individual.”
I understand that concern. We all want a mental health system that recognises nuanced personal need and clinical judgment. However, the Government amendment goes well beyond preserving flexibility. By removing subsection (3), it strips away a carefully balanced set of protections—not just time limits but essential oversight that will prevent CTOs from drifting on indefinitely, without structured review or patient involvement. Removing subsection (3) is a backward step. As things stand, CTOs can be renewed, year after year, with limited scrutiny. The evidence from the 2018 independent review of the Mental Health Act suggests that CTOs do not demonstrate reduced readmission rates. Yet many patients, especially those from racialised communities, remain under CTOs for far longer than may be clinically justified.
Subsection (3) did not ban long-term CTOs. It simply said that if a clinician wanted to go beyond 12 months, they must consult the patient, their nominated person and other professions involved, review whether the order was still working, and get a second opinion from a GMC-registered psychiatrist. That is not inflexible; it is good clinical governance.
The code of practice is not enough. The Government say that they will address concerns in the code of practice. In the same ministerial letter, we are told:
“We will set out the expectation that Community Treatment Orders should end after two years...whilst highlighting that this should take into account clinical discretion.”
We all know that an expectation is not a guarantee. The code is important, but it is not binding. There is no requirement to follow it—only to “have regard” to it—and there are no consequences for ignoring it. Where is the accountability? The amendment deletes a provision that would have created a real legal framework for oversight and replaces it with possibly just a promise and a footnote.
Tribunal oversight is not a substitute. The Government’s letter also highlights a plan to increase automatic tribunal referrals. That is welcome, but tribunals are not a substitute for proactive clinical reviews. Patients often lack the means or confidence to engage in hearings, and tribunals can only act on the evidence presented to them. Subsection (3) was about making sure reviews happened automatically, in a transparent and collaborative way—not at the point of breakdown or challenge, but as routine best practice. If a code of practice expectation is ignored, what recourse does a patient have? Why is it acceptable for a CTO to continue indefinitely without any formal review of its effectiveness? Why is a second clinical opinion seen as burdensome in mental health, when it can often be standard practice in many other areas of medicine?
Given the maths of the Committee, we are unlikely to keep the subsection, but if the Government are determined to remove it, I urge them seriously to consider alternatives. For example, that could be a statutory requirement for annual review, especially after the first 12 months, mandatory consultation with the patient and key professionals before extension, or a duty to record and publish anonymised data on CTO use, disaggregated by duration, diagnosis, and ethnicity. If we are to “keep CTOs under review”, as the Government promised in their letter, why not put that commitment into legislation, with timelines, transparency, and lived experience input?
Returning to the issue of the disproportionate use of CTOs on black men, we have known for years that they are more likely to be detained. I gently ask the Minister what concrete actions the Government will take to collect better, more granular data on that disproportionality, not just in terms of numbers, but the root cause. As my noble Friend Lord Kamall rightly asked, what do we know, what do we not know and what do we need to find out? Those are vital questions, but research alone will not solve the problem unless we embed fairness and accountability into the system now.
The safeguards in subsection (3) are not bureaucratic red tape. They are vital protections to ensure that CTOs are used only when necessary, and that they are time-limited, reviewed regularly and subject to independent scrutiny. If a CTO is working and genuinely benefiting the patient, then what harm is there in requiring a transparent, collaborative review process to justify its continuation beyond 12 months? Those safeguards would also ensure that patients and their advocates, including their nominated person, are part of the decision making. That is entirely in line with the broader ethos of the Bill: respect, dignity, and least-restrictive care.
The Bill is about modernising mental health law. CTOs sit at a crossroads of care and coercion. That is precisely why they demand more scrutiny, not less. The clause, as originally drafted, struck a sensible, balanced compromise. To strip it away is not clinical freedom; it is a loss of legal safeguards for some of the most vulnerable people in our care. I urge the Committee to retain these statutory provisions. They strike the right balance between preserving the appropriate use of CTOs and protecting patient rights and promoting accountability. We owe it to those who are subject to the powers, who are often some of the most vulnerable, to ensure that their care is just, proportionate and based on evidence.