Mental Health Bill [HL]

My Lords, Amendments Nos. 72A and 72B are similar to amendments that were laid in Committee, and I know that they are supported by the British Association of Social Workers—quite understandably, given the comments just made by the noble Baroness. I am aware that in some parts of the country social workers can experience difficulties in accessing the services that they need in order to safely convey and admit patients. I note the figures cited by the noble Baroness and her graphic examples of problems experienced with ASWs. We fully sympathise with their concerns and understand their frustrations, and I note the dangers. However, we are not convinced that these amendments are the way to improve things, although clearly improvements are needed. The amendments seek to put the onus on trusts to sort out difficulties in co-ordinating the services needed to convey and admit patients safely. I understand that approved social workers feel that they as individuals cannot influence the availability of the services and that a trust as an organisation would have more clout. However, approved mental health professionals should be supported by the local social services authorities on whose behalf they are acting. Indeed, it is often the case now that difficulties are escalated within the local social services authority, and the force of the LSSA is brought to bear on the situation. It is crucial that there are effective local arrangements and good ongoing communication between all the bodies involved in conveying and admitting a patient. Amendment No. 72A would put a requirement in legislation for such arrangements to be in place. However, the Mental Health Act code of practice already says that there should be arrangements between the bodies involved in assessing, conveying and admitting patients to hospital. All the code does is state what is self-evidently the job of local bodies to co-operate with one another to put in place effective local services. They do not need guidance from the Government to tell them what is required. In many parts of the country protocols that are in place are working well, but where that is not the case there is no reason to believe that placing the requirements for protocols in legislation would make it any more likely that those protocols would be effective or adhered to. Organisations at a local level need to consider whether the arrangements that they are already expected to have in place are working properly to protect patients and, of course, to protect their staff. That can be done only at a local level. Changing the legislation is not the way forward. We will consider how the code of practice can be used to emphasise further to local bodies what their obligations are, and naturally we would welcome further comments from noble Lords. In addition, I wonder if the increased emphasis on local area agreements in the local government Bill currently being considered in another place will help to ensure that health services and local social services work more closely together so that there really are more effective local arrangements. In addition, I hope that the implementation of the Mental Health Bill will be an excellent opportunity to remind all local agencies of their obligation to work together. We sympathise with the sentiment behind the amendments, but we believe that these issues are better dealt with through interventions at a local level. I therefore urge the noble Baroness, Lady Meacher, not to press her amendments.