Mental Health Act 2025

News
January 28, 2026

A new Mental Health Act was published at the end of 2025. While it won’t affect most people directly, it introduces important changes—particularly around how decisions are made when someone lacks capacity and is detained under the Act. Kat, our Mental Health Safeguarding and Clinical Supervision Lead, has highlighted the key changes you should be aware of.

Purpose of the Act

– Amends the Mental Health Act 1983 to modernize provisions for “mentally disordered” persons.
– Introduces new principles, safeguards, and processes for treatment and detention.

Key Changes and Principles

Code of Practice Principles
– Choice and autonomy: Greater involvement of patients and carers in decisions.
– Least restriction: Minimize restrictions on liberty.
– Therapeutic benefit: Ensure treatment is effective and appropriate.
– Respect for individuality: Treat patients with dignity and consider personal history.

Application to Wales
Welsh Ministers now have authority to prepare codes of practice and consult relevant bodies.

Autism and Learning Disability
– Clear definitions added for autism, learning disability, and psychiatric disorder.
– People cannot be detained solely for autism or learning disability under section 3.
– New review processes for children and adults with autism or learning disabilities, including:

– Care, education, and treatment review meetings.
– Annual reviews and reporting requirements.
– Creation of registers of people at risk of detention to improve community support.

Grounds for Detention & Treatment
– Detention now requires evidence of serious harm risk and necessity.
– Community Treatment Orders (CTOs) updated with stricter criteria.
– Tribunals must apply new grounds for discharge.

Treatment Safeguards
– Defines “appropriate medical treatment” as treatment with a reasonable prospect of benefit.
– Stronger rules for consent:

– Capacity-based decisions aligned with the Mental Capacity Act 2005.
– Second opinions required for certain treatments.
– New section on advance choice documents for future treatment preferences.

Nominated Person System
– Replaces “nearest relative” with nominated person chosen by the patient or appointed by professionals.
– Nominated persons have rights to object to admission or treatment orders.

Other Major Reforms
– Care and treatment plans mandatory for detained patients.
– Independent Mental Health Advocates (IMHAs) extended to informal patients.
– Police stations and prisons removed as “places of safety.”
– New time limits for transferring prisoners to hospital (28 days).
– Tribunal powers expanded for after-care planning and discharge conditions.
– Human Rights Act obligations extended to certain private care providers.