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Guidance and resources about the Mental Health Act 2025

Mental Health Act 2025

The Mental Health Act 2025 reforms and modernises the Mental Health Act 1983 to better reflect contemporary mental health care, strengthening patient choice, autonomy and safeguards, and seeking to reduce inequalities in detention.

Although the Act has received Royal Assent, its provisions will be implemented in phases over several years, with substantial changes not expected before 2027. Consultation on a revised Code of Practice is anticipated from 2026. Until the relevant provisions are formally commenced, practitioners must continue to work in accordance with the Mental Health Act 1983 (as amended) and existing Code of Practice, while preparing for forthcoming changes through updated training and local guidance.

Key Reforms in the Mental Health Act 2025

Key reforms in the Mental Health Act 2025 include: 

  • Stricter detention criteria: The threshold for detention under Sections 2 and 3 will be higher, requiring evidence that "serious harm" may be caused to the patient or others.
  • Therapeutic Benefit: Detention and treatment must demonstrate clear therapeutic benefit for the person, ensuring compulsory powers are only used where there is a reasonable prospect of improving the person’s condition.
  • Community Treatment Orders (CTOs): Criteria for CTOs will be strengthened to ensure they are used only where necessary and proportionate, with clearer justification required.
  • Learning Disabilities & Autism: These will no longer be considered "mental disorders" for detention under Section 3 (treatment) unless accompanied by a co-occurring mental disorder.
  • Nominated Person (NP): The "nearest relative" role is replaced by a "nominated person," allowing patients to choose who represents them.
  • Advance Choice Documents (ACDs): A statutory duty is introduced for health bodies to support people in creating documents that set out their treatment preferences in advance.
  • Reduced detention times: The initial detention period for treatment (Section 3) is reduced from six months to three months.
  • Places of safety: Police and prison cells will no longer be used as places of safety for people in mental health crises.
  • Prisoner transfers: A 28-day time limit will be introduced to transfer prisoners needing mental health care to hospitals.
  • Independent Mental Health Advocates (IMHAs): Access to advocates is expanded, including an "opt-out" system for detained patients. 
Last updated: 23 February 2026