Law and Policy Update April 2026: Mental Health Act 2025/Terminally Ill Adults -End of Life Bill
The information in this update is for educational and training purposes and does not constitute legal advice and should not be relied upon in individual cases, where independent legal advice should be sought.
Mental Health Act 2025
The Mental Health Act 2025 was passed on 18th December 2025. It reforms the Mental Health Act 1983 in England and Wales, which provides the legal framework for the detention and treatment of individuals suffering a mental health crisis who at risk of harming themselves or others. The 2025 Act reforms the 1983 Act, rather than replacing it. Most of the 2025 Act is not yet in force, with plans to introduce the sections of the Act in stages over several years.
The Act aims to:
- increase patient autonomy, including introducing Advanced Choices Documents;
- create stricter detention criteria, with stronger safeguards and more frequent reviews;
- replace ‘nearest relative’ with ‘nominated person’;
- limit the circumstances in which an individual can be detained for treatment in hospital solely because they live with autism or a learning disability;
- increase access to Mental Health Advocates; and
- improve rights based care.
What is in force (as at 28th April 2026):
Parts of the Mental Health Act 2025 came into force from 18 February 2026, updating rules in the Mental Health Act 1983.
- New rights to apply to a Tribunal (Section 75 changes)
These rules affect ‘restricted patients’, people discharged from hospital but still under legal restrictions.
If the person is discharged with NO conditions restricting their liberty, they can apply to the Tribunal:
- After 12 months, but within 2 years of discharge
- Then every two years after that.
If they HAD restrictive conditions, for example being closely supervised, they can apply:
- 12 months after the restrictions end, up to 2 years
- Then every two years
If they are still under restrictive conditions, for example being closely supervised, they can apply:
- After 12 months of the restrictions starting
- Then every two years
The Secretary of State has a duty to refer a case to a Tribunal:
- After 12 months of restrictive conditions starting
- Then every two years
- Or if a case has not been reviewed for four years.
2. When restrictive conditions can be used
Conditions that limit someone’s freedom (deprive them of their liberty) can only be used if:
- They are necessary to protect others from serious harm, and
- They are better (or at least no worse) for the patient’s mental health than returning them to hospital.
3. Secretary of State powers (Sections 71 & 42)
The Secretary of State can still refer cases to a Tribunal at any time. They can also:
- Change or add conditions for discharged patients
- End restrictions entirely, meaning the person is no longer liable to be detained
- Impose restrictive conditions if needed to protect the public.
4. Tribunal Powers (section 73)
When deciding whether to discharge a patient, a Tribunal must now also consider:
- Whether restrictive conditions should be used instead for keeping the person in hospital.
A Tribunal can impose such conditions if:
- They are needed to protect others from serious harm, and
- They are no worse for the patient’s mental health than staying in hospital.
5. Transfers from prison or detention (Section 48)
More people can now be moved from detention to hospital if they have mental health needs, including:
- Young people remanded in youth detention accommodation
- People held under certain immigration laws
- People detained for deportation
In summary these changes to the 1983 Act aim to:
- Give patients clearer rights to regular Tribunal reviews
- Allow greater use of strict conditions outside of hospital instead of keeping an individual detained
- Expand the powers of both a Tribunal and the Secretary of State to manage risk and treatment
- Extend hospital transfer powers to more groups in detention
The further following provisions came into force on 6th April 2026
6. Private mental health providers must follow human rights law
Private hospitals and care providers must now follow the Human Rights Act 1998 in more situations. This applies when they are:
- Providing NHS funded treatment, or
- Delivering aftercare for patients, for example support after leaving hospital.
This means that if the NHS is arranging or paying for care, even in a private setting, Human Rights law must be followed. This applies to people detained under the Mental Health Act, voluntary patients and people receiving aftercare. This closes the gap found in earlier court cases such as Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) where it had been found that the Human Rights Act did not apply to voluntary patients and those subject to section 117 after care in private settings.
7. Review of how children’s admissions are reported
Previously, the Care Quality Commission must be told if:
- A child (under 18) was placed in an adult psychiatric unit
- And they were there for more than 48 hours
Now, the Secretary of State must review and report to Parliament by December 2027 whether:
- More situations involving children’s mental health admissions should be reported and
- Whether the 48 hour rule is still appropriate.
In summary, these changes strengthen human rights for those receiving services from private providers and potential improve oversight of children receiving mental health care in certain settings.
Resources:
Mental Health Act 1983
Mental Health Act 2025
Mental Health Act 2025 – EASY READ VERSION
The Human Rights Act 1998
We will update you in future as further sections of the 2025 Act come into force. The Adam Bojelian Foundation CIC will also be offering training workshops on the new Act once more sections are in force. If you would like to receive details of these workshops please contact us and we will send you further details when available.
Terminally Ill Adults -End of Life Bill
This private members Bill has not been passed and will not progress any further as it ran out of time in the House of Lords before Parliament was prorogued (session ended).
You can read about the Bill and its passage through Parliament here:- Terminally Ill Adults (End of Life) Bill – Parliamentary Bills – UK Parliament
