2 February 2026

The Mental Health Bill received Royal Assent on 18 December 2025 creating the Mental Health Act (MHA) 2025, with the vast majority of the MHA 2025 changes not yet in force and details of specific changes/impact provided here. A code of practice is now being developed, and it is possible other sections of the MHA 2025 will not come into force until the code of practice is ready for publication.  

Hill Dickinson LLP has published an article identifying the changes coming into force here and are also running a Mental Health Providers’ Forum (free webinar) on 11 February 26 which will include details of the changes - sign up is here. 

The next steps for the Trust are to review sections of the MHA 2025 coming into force in February 2026, ensure staff awareness and support being put in place, to update internal policies/procedures to accommodate new supervised discharge provisions and for the Mental Health Law Team to continue to monitor announcements from Secretary of State for further regulations with implementation dates (provide staffing briefings weekly with signposting to resources/advisory notes to stay informed on evolving guidance and best practice). 

  

 No

Action

Progress update

By when

Lead

1

Review sections of the MHA 2025 coming into force in February 2026 and ensure staff awareness

 

Support for the specific changes in February 2026 (detailed in the link above) are:

Sections 30(2), 32, 35, 36(1) and (3)(b), 38 and 39 of the MHA 2025 come into force on 18 February 2026.

 

  • Amendments to Sections 42, 48, 71,73 and 54 

 

Secure Care and Mental Health Care division are to identify patients impacted by the changes and Hill Dickinson will support this review work once the patient cohort has been established with further details to be provided in the next briefing.

 

 

 13.02.2026

 

 

 

 

Head of Integrated Governance - Safety 

 

 

 

2

Update internal policies/procedures to accommodate new supervised discharge provisions will be undertaken.

The specific policies that may require review are:

 

  • MC01: Over-arching Policy and procedure of the Mental Capacity Act 2005
  • MC04: Policy and Procedure for the Management of the Deprivation of Liberty Safeguards (DoLS) within the meaning of the Mental Capacity Act 2005 
  • MH16: Inter-agency policy and procedure for Section 136
  • SA57: Associate Hospital Manager’s Policy
  • SDG3: Section 117 – Aftercare under the Mental Health Act 1983 Ref
  • SD50: Victim’s Rights 
  • SD02: Policy and Procedure following the Death of a Service User

 

 

 

13.02.2026

 

 

Head of Integrated Governance – Safety

3

The Mental Health Law Team to continue to monitor announcements from Secretary of State for further Regulations and implementation dates.

Current support available via:

 

  • Hill Dickinson Forum on 11 February 26 – book here
  • Monthly detailed updates in Trust-wide Communications (YourWeek)
  • Weekly staffing briefings with signposting to resources and advisory notes to stay informed on evolving guidance and best practice.

 

 

 

11/02/26

Monthly

 

Weekly

 

 

Head of Integrated Governance – Safety

 

 

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