19/12/2025
The long-awaited reforms to the 1983 Mental Health Act aim to bring better protections for patients with severe mental illness.
On 18 December 2025, the Mental Health Bill received Royal Assent and became law, marking a new dawn in mental health care provision following years of work by governments and lobbyists. The new Mental Health Act 2025 reforms and replaces key provisions of the Mental Health Act 1983 – the primary statutory framework governing the detention and treatment of people experiencing serious mental health crises, which has long been regarded as requiring modernisation. The new legislation is intended to bring outdated mental health laws into the 21st century, address systemic inequalities and empower patients with greater autonomy and control over their treatment.
What are the key changes?
The new Mental Health Act 2025 introduces several important reforms that will influence how mental health care decisions are made. Some of the key reforms include:
- Reforms to detention criteria - Detentions under sections 2 and 3 will now be lawful only where there is a demonstrable risk of serious harm to the individual or others. The initial detention period under section 3 has also been reduced from six months to three months, with subsequent renewal periods also shortened.
- Patients with autism and learning disabilities - individuals with autism or learning disabilities cannot be detained under section 3 or placed on a Community Treatment Order (CTO) unless they have a co-occurring psychiatric disorder that meets the criteria for detention.
- Places of Safety - Prisons and police cells will no longer be classed as “places of safety” under the Act.
- Strengthening patient rights - The Act seeks to strengthen the rights of patients, including the right for patients and their representatives to appeal against detention, easier access to second opinions, and enhanced access to the First-tier Tribunal (Mental Health). In addition, it aims to enhance the rights of children and young people by ensuring that their wishes, and the wishes of those close to them, are more central to decision making.
- Patient representation and control - The reformed Act will allow patients to choose a “nominated person” to represent their interests and participate in key decisions around their care. This will replace the role of the “nearest relative” under the previous Act. The Act will also introduce mandatory statutory Care & Treatment Plans and a requirement for clinicians to consider Advance Choice Documents (ACDs).
Next steps
Although the Act is now law, full implementation will be gradual, with the full range of changes expected to be enacted over a period of up to ten years. The government has indicated that secondary legislation and a revised Code of Practice will be developed to support interpretation of the new legal framework. Additionally, the government has committed to producing an annual written statement detailing progress of the reforms and plans for the future.
For health and social care organisations, preparing for these reforms will be critical. Be sure to look out for our webinar on 29th January 2026 where we will examine the new legislation and consider practical implications for providers.
We will continue to monitor developments closely and provide further updates as the legislation evolves. If you would like advice on the Mental Health Act reforms and their potential impact on your organisation, please contact our specialist team.
