This independent review of the Mental Health Act 1983 (MHA) was commissioned by the government in October 2017. Our terms of reference ask us to make recommendations for improvement in relation to rising detention rates, racial disparities in detention, and concerns that the act is out of step with a modern mental health system. We were asked to look at both legislation and practice, with recommendations extending to England in relation to matters that are devolved in Wales (including health), and England and Wales in relation to non-devolved matters (including justice). 

Government does not know how many people in prison have a mental illness, how much it is spending on mental health in prisons or whether it is achieving its objectives. It is therefore hard to see how Government can be achieving value for money in its efforts to improve the mental health and well being of prisoners, according to the report by the National Audit Office.