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Changes from the Mental Health Act 2025 coming in February 2026
The Mental Health Act 2025 received Royal Assent on 18 December 2025 amending the 1983 Act. A few administrative provisions are already in force and the first substantive changes will come in on 18 February 2026. This article will focus on those imminent changes.
The Mental Health Act 2025 – the current position at a glance
The Mental Health Act 2025 has now been passed into law, amending legislation, and effectively changes key provisions of the Mental Health Act 1983.
Terminally Ill Adults (End of Life) Bill
This Bill seeks to permit “assisted dying” and it passed its second reading in the House of Commons on 29 November. It has a long way to go and will be subject to debate and amendment at the next “committee” stage.
The Mental Health Bill: Initial Analysis
Mental Health Bill 2024: An initial overview of the proposed changes and potential impacts on mental health services.
Podcast: Walking the tightrope – patient capacity, best interests, and disclosure
Stephen Maratos and Stephen Evans discuss patient capacity and best interest decisions when it comes to treatment, and the importance of accurate disclosure in inquests and civil claims.
Liberty Protection Safeguards delayed “beyond the life of this Parliament”
The Government announced on 5 April 2023 that it had taken the “difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament” as part of its wider plans to reform and improve adult social care.
Update on Implementation of the Liberty Protection Safeguards
A letter dated 16 December 2021 from Helen Tabiner, Deputy Director, Service Quality, DHSC addressed to the LPS National Steering Group Members acknowledges that the aim of implementing LPS by April 2022 cannot be met.
The Devon decision and remote examination: where to go from here?
When the decision in Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin) came out on 22 January 2021 we said “Don’t Panic”. Further analysis and feedback from clients suggests there is cause for, if not panic, then some concern about the implications. In particular, there is a cohort of patients on renewed CTOs whose outcomes may be adversely affected.
Don’t panic! But remote assessment for MHA detention is NOT allowed
The Divisional Court has today handed down a judgment that says, contrary to the advice given by NHS England, “personally examined” for the purpose of assessment for admission under the MHA means assessments cannot be undertaken remotely.
Liberty Protection Safeguards – start date significantly delayed
The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.
Newsflash: Coronavirus and Critical Care
Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.
Newsflash: Young persons and deprivation of liberty
The Supreme Court has decided parental authority CANNOT be used to authorise the deprivation of liberty of 16 and 17 years olds who lack capacity to consent to arrangements that amount to a deprivation of liberty.
Hempsons’ Social Care Newsbrief Summer 2019
Welcome to the Summer 2019 edition of Hempsons’ Social Care Newsbrief.
Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards
The Mental Capacity (Amendment) Bill was published on 4 July 2018. It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).