Mental Health Act 2025: Legal comment as Bill receives royal assent
The Mental Health Bill has received royal assent today (18 December), bringing reforms the government says will improve care for seriously ill patients.
Replacing legislation from 1983, the Mental Health Act 2025 provides the legal framework to detain and treat people in a mental health crisis who are at risk of harm to themselves or others.
Rebecca Fitzpatrick, Partner and Head of Health Advisory and Inquests at UK and Ireland law firm Browne Jacobson, said: “We welcome the Mental Health Act 2025 receiving royal assent. This represents a significant step forward in modernising mental health legislation, and placing patient choice and autonomy at the heart of the system.
“We particularly welcome the reforms strengthening the voice of patients subject to the Act and ensuring detention is only used when, and for as long as, strictly necessary.
“However, our previously raised concerns regarding adequate resourcing and effective implementation of these reforms remain. Robust community services must be available to support individuals with autism and learning disabilities, underpinned by an appropriate legal framework to safeguard their welfare.
“We look forward to the government's promised consultation and further announcements on the Liberty Protection Safeguards, which we anticipate in early 2026.”
Contact
Dan Robinson
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Dan.Robinson@brownejacobson.com
+44 0330 045 1072