As rights-based approaches gain prominence, mental health law in England and Wales faces growing scrutiny over its balance of autonomy, public safety, and psychiatric intervention. Within this evolving landscape, the Mental Health Act (‘MHA’), historically entrenched in a paternalistic and medicalised model, continues to authorise involuntary detention and treatment, frequently prioritising institutional control over individual autonomy. While legal scholarship broadly supports its reform, this paper examines how the system not only fails to bridge the gap between legal theory and practice, but also neglects to recognise mental health as a pervasive and potentially enduring disability profoundly impacting individuals’ lives. Drawing on socio-legal scholarship, international conventions, case law, and legislative analysis, this paper argues for a paradigm shift from medicalisation to a holistic framework which addresses systemic barriers and bridges the gap between legal theory and practice. By integrating preventative care into legal frameworks, the system can empower individuals to make informed decisions about their health, reduce the burden on healthcare systems, and foster a culture of comprehensive wellness. This paper ultimately calls for mental health reform that shifts towards a system that prioritises individual rights and autonomy, establishing a compassionate framework that more effectively supports those it seeks to protect.
Isabella Sanchez Robayo (Tue,) studied this question.