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An overview of key changes to the Mental Health Act and the implications for healthcare organisations.
- The Mental Health Act 2025 (“the Act”) provides the legal framework to detain and treat people in a mental health crisis who are at risk of harm to themselves or others. It will be phased in over eight to ten years, which will enable services to prepare for the changes. The Act applies to England and Wales, although Wales has other related legislation.
- Successful implementation of the Act will depend on ensuring that sufficient workforce, revenue and capital are available to support an increase in community provision, improve inpatient environments and enable more opportunities for patients to have a say in their care, and to challenge decisions. There is concern that financial challenges in the sector means that full implementation could take longer than the current draft timelines.
- A consultation on the Code of Practice is expected to start in early 2026, with an updated version published around 12 months later. There will also be a consultation on a potential new category of ‘authorised person’ and a review into community treatment orders.
- Once the government is confident that enough community provision is in place, having a learning disability or autism will no longer be a reason for people to be detained under Section 3 of the Act, unless they have a co-occurring mental disorder.
- The government has committed to an annual written ministerial statement, following influencing from the NHS Confederation and wider sector, that will outline the progress of the reforms and set out plans for the next 12 months.
- This joint briefing from the NHS Confederation and NHS Providers, in partnership with Mills & Reeve, provides an overview of key changes and analyses what they mean for members.Read the full blog from NHS Confederation
