Does the Big Society really include us?

Too often we are portrayed simply as the recipients of others’ philanthropy and ‘good works’ rather than citizens who have something to give to the lives of our community and society.

Most of us would dearly love to be able to use our skills and expertise to contribute but many are denied the opportunity to do so by the prejudice and discrimination that remain rife. Eroding such barriers requires not only a change in attitudes and behaviours, but changes in the law that supports and reinforces those attitudes – law that, in the words of the final report of the Speakers Conference on Parliamentary Representation “embodies attitudes that stigmatise and sap the confidence of people with mental illness”.

Deputy Prime Minister Nick Clegg recognised this in launching the new cross-Government mental health strategy “No health without mental health”. He made it clear that stigma will not be tolerated by announcing the repeal of section 141 of the 1983 Mental Health Act which stipulates that an MP automatically loses their seat if detained for 6 months or more. I am grateful to the work of many mental health organisations and individuals such as Mark Harper MP for bringing us to this point, but we still have a long way to go.

The regulations surrounding School Governors reinforce erroneous stereotypes that people with mental health conditions are inevitably a danger to children: “A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is detained under the Mental Health Act 1983.” What message does this convey about parents and teachers who experience mental health conditions? Where is the parallel regulation that disqualifies someone who is unable for a period of time to fulfil their School Governor duties because of a physical health condition?   

The Jury Act of 1974 is even more discriminatory and affects far more people. Not only are you not allowed to serve on a jury if are compulsorily detained: mere receipt of treatment for a mental health condition is enough to debar me from Jury Service. This conveys important messages about our (lack of) value and worth in society and every year denies thousands of people the opportunity to participate in the justice system (see Jury Service Briefing November 2010 (39 kb) ). It reinforces the belief that those of us with mental health conditions cannot be trusted in responsible situations. If the Government does not trust you to be part of a Jury why should an employer or a voluntary organisation trust you in a position of responsibility?

Following the 2003 report on Mental Health and Social Exclusion, an undertaking was made by the Home Office to consult on modernising the eligibility criteria for Jury Service but no such consultation materialised. A vision of a Big Society that enables ALL citizens to contribute their talents and skills must include those of us with mental health conditions. If this is to be achieved it is essential that this government take up the mantel and follow the repeal Section 141 of the 1983 Mental Health Act with the removal of other outdated and discriminatory provisions in the Jury Act and School Governor Regulations. I know that times are hard, but the removal of outdated legislation costs little in relation to the powerful messages of inclusion that it sends.