Mental Health Act 2025 — what's changing
A plain-English explainer of the key reforms replacing and amending the Mental Health Act 1983.
This page is a summary for orientation only. It is not legal advice and the Act's provisions come into force at different times — always check the current commencement position before relying on a change.
Key reforms
The nearest relative is replaced by a nominated person
Patients (or an advocate) can choose a nominated person to represent and support them, replacing the outdated nearest-relative model. Patients can also make an advance choice document about future treatment preferences.
New criteria for detention and treatment
The detention test is tightened and clarified, with a stronger focus on whether care and treatment can only be provided in hospital. Treatment without consent is brought under clearer safeguards.
Learning disability and autism no longer grounds for detention alone
Neither learning disability nor autism on their own justify detention under the Act. Where a co-occurring mental health condition meets the criteria, detention remains possible.
Statutory Advocacy (IMHA) is extended
Independent Mental Health Advocates get a stronger statutory footing and expanded rights to access records and meet patients in private.
Removal of Community Treatment Orders (planned phasing)
The Act provides for CTOs to be phased out following a future review, with supported community treatment models replacing them.
Timeline
Mental Health Bill introduced to Parliament following the 2018 Independent Review.
Bill passes through Parliament and receives Royal Assent as the Mental Health Act 2025.
Most changes are brought into force in stages through commencement orders — some provisions will take time to implement.