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The ALLIANCE endorses UK mental health bill amendment to ensure equal human rights for all

  • Area of Work: Policy and Research
  • Type: News Item
  • Published: 9th September 2025
an illustration of a newspaper with the word 'ALLIANCE' on it, a pink smart phone, and a purple laptop.

The amendment aims to close a loophole that leaves people in outsourced mental health care without guaranteed human rights protections.

The UK Department of Health and Social Care have been working on an amendment to the Mental Health Bill 2025 to address a gap in protections for individuals receiving outsourced mental health care. The issue came to light in the recent case of Sammut vs Next Steps, which revealed that some outsourced providers delivering care under the UK legislation were not bound by a duty to uphold human rights – leaving people’s protections dependent on how their care was arranged.

The amendment, which has been supported by the British Institute of Human Rights (BIHR) and the National Care Forum, seeks to ensure that all individuals have equal access to their human rights, regardless of who provides their care. A position that the ALLIANCE strongly supports;

“The Health and Social Care Alliance Scotland (the ALLIANCE) firmly believes that everyone should be able to enjoy their rights equally with others, irrespective of who funds or provides care, treatment and support. That’s why it is essential to close any loopholes that exempt outsourced mental health care providers from the provisions of the Human Rights Act. The ALLIANCE supports the work by BIHR and the National Care Forum to address this issue, and urges both the UK Parliament and UK Government to progress with the necessary amendments to the Mental Health Bill.” Lucy Mulvagh, Director of Policy, Research and Impact at the Health and Social Care Alliance Scotland (the ALLIANCE)

To find out more about the amendment, read this briefing paper collated by the BIHR and National Care Forum.

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