The Mental Health Act 2025 – a missed opportunity? What changes does it make and when?

This unfortunate situation is exacerbated by the UK Government’s estimate that the provisions in the 2025 Act will be brought into force in a piecemeal fashion over a ten year period. Some of the 2005 Act’s provisions, noted below, will come in force on 18 February even though a updated Code of Practice has not been published in England or in Wales, and is unlikely to be published soon.

Although some of the 2025 Act’s provisions have merit, many of the proposals contained in the ‘Independent Review of the Mental Health Act’ (the Wessley Review) that eventually found their way into the 2025 Act were high on rhetoric, but low on evidence. Indeed, the process that was followed can be categorised as a prime example of the “Stakeholder State” in that respected “stakeholders” submitted proposals to the Wessley Review that chimed with current thinking and were accepted in the absence of any evidence that they would improve matters.

The provisions of the 2025 Act that will come into force on 18 February, 2026, include:

Tribunal applications and references

Because of the new provisions relating to the conditional discharge of restricted patients, timetables for applications and references to the Tribunal have been updated in the amendments made to subsections (1) and (2) and the insertion of subsection (2A) into section 75 of the 1983 Act which now reads as follows:

“Applications and references concerning conditionally discharged restricted patients.

• (1) Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above (“conditionally discharged”) and is subsequently recalled to hospital:
  • (a) the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to the appropriate tribunal; and
  • (b) section 70 above shall apply to the patient as if the relevant hospital order, hospital direction or transfer direction had been made on that day.
• (2) Where a restricted patient has been conditionally discharged as aforesaid but, is not subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital he may apply to the appropriate tribunal:
• (a) in the period between the expiration of 12 months and the expiration of two years beginning – beginning with the date on which he was conditionally discharged;
  • (i) in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions; and
  • (ii) in any other case, with the date on which the patient was conditionally discharged; and
• (b) in any subsequent period of two years.
• (2A) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the patient may apply to the appropriate tribunal:
• (a) in the period between the expiration of six months and the expiration of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged); and
• (b) in any subsequent period of two years.”

The rest!

Rather than summarising the provisions of the 2025 Act that will (or will not) be brought into effect during the next ten years, we will be publishing separate bulletins at the relevant times.

For further information, advice and training about the Mental Health Act 1983, the changes made by the 2025 Act and mental health law contact Richard M Jones or Eve Piffaretti.