Additional sections of the Mental Health Act 2025 are now in force
On 6 April 2026, two further sections of the Mental Health Act 2025 came into force, after the Act received Royal Assent on 18 December 2025. Our previous article sets out the key aims of the Act and sets out the sections that came into force in February 2026.
- Section 51 MHA 2025: Human Rights Act 1998: Extension to certain private care providers
The first section which came into force is s.51, which introduces a new s.142C within the Mental Health Act 1983. This section provides that certain private registered care providers will be regarded as exercising a function of a public nature for the purpose of the Human Rights Act 1998 when delivering the below services:
- s.117 after-care services
- services provided in pursuance of arrangements made by a local authority in Scotland discharging its duty under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003
- the provision of medical treatment for mental disorder or assessment in relation to mental disorder, for an in-patient at a hospital, but only where that treatment or assessment is arranged or paid for by an NHS body
When delivering the above services, providers will be expected to be compliant with s.6(3)(b) of the Human Rights Act 1998, and they must not act in a way which is incompatible with a Convention right.
For the purpose of this section, ‘hospital’ refers to any institution for the treatment of people suffering from mental disorder or other illness, convalescing or requiring medical rehabilitation.
2. Section 52 MHA 2025: Review of duty to notify incidents
The second section which came into force is s.52 which requires the Secretary of State to carry out a review into regulation 18 of the Care Quality Commission (Registration) Regulations 2009 (the duty to notify incidents) to consider whether the duty to notify should be extended. Under the current regulations, CQC should be notified of any service-user under the age of 18 in a psychiatric unit whose services are intended for persons over that age where that placement has lasted for longer than a continuous period of 48 hours.
The Secretary of State must consider whether there should be an extension to require a notification to CQC in any other cases in which a person under the age of 18 is admitted to a hospital or registered establishment for medical treatment for, or assessment in relation to, mental disorder.
Whether the 48-hour time period remains appropriate must also be reviewed. The Secretary of State must prepare and publish a report setting out the conclusions of the review within 2 years before the end of the period beginning with 18 December 2025 (when the Act was passed).
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If you would like to discuss how these changes may impact your organisation further, or if you would like to discuss some training on the Mental Health Act 2025, please do not hesitate to contact Emily or another member of our team using the form below.