A new law, mostly on hold
The Act amends the Mental Health Act 1983 rather than replacing it. Until each part is commenced, the 1983 Act continues to apply as it stands. Section 56 of the new Act sets out how it comes into force: a few sections took effect on the day it was passed, a second group two months later, and everything else on dates the Secretary of State sets by regulations.
That means a care home, supported living service or community provider working with people under the Mental Health Act should, for now, keep working to the existing 1983 Act and its 2015 Code of Practice, while watching for commencement regulations.
What is already in force
- On Royal Assent (18 December 2025): sections 53 to 57.
- From 18 February 2026: a small group of sections, including section 32, which lets tribunals set conditions amounting to a deprivation of liberty for some conditionally discharged restricted patients. A written answer on 26 October 2026 referred to this supervised discharge provision as commenced in February 2026.
- From 6 April 2026: sections 51 and 52, brought in by the Mental Health Act 2025 (Commencement No. 1) Regulations 2026.
Section 51 is the one most likely to matter to independent social care providers. It treats registered care providers as carrying out "a function of a public nature" under the Human Rights Act 1998 when they provide certain services. These include after-care arranged under section 117 of the 1983 Act, and NHS-arranged or NHS-funded in-patient assessment or treatment for mental disorder. In practice, a private provider delivering section 117 after-care can now be directly accountable under the Human Rights Act for that service.
Section 52 requires the Secretary of State to review whether the CQC notification duty in regulation 18 of the CQC (Registration) Regulations 2009 should cover more admissions of under-18s for mental health treatment, and to report to Parliament within two years of the Act being passed.
What is not yet in force: the learning disability and autism changes
The changes that drew most attention for autistic people and people with a learning disability are not yet commenced. Section 3 of the Act limits how far autism and learning disability alone can be grounds for longer-term detention, and section 4 adds a new Part 8A to the 1983 Act. Part 8A would require:
- care, education and treatment reviews for detained autistic people and people with a learning disability, within set time limits;
- each integrated care board (ICB) to keep a register of autistic people and people with a learning disability who have risk factors for detention;
- ICBs, and local authorities in their Care Act market-shaping role, to use that register information and seek to meet needs without detention.
legislation.gov.uk shows section 4 as prospective: it was not in force at Royal Assent and needs regulations to start.
DHSC's implementation paper, deposited in Parliament in 2025, said the proposed section 3 changes would not start until there are "sufficiently strong community services in place". It also estimated full implementation would take around ten years.
The timetable as it stands
In a written answer on 6 July 2026 (HL1450), the government said it is developing a revised Code of Practice to allow phase 1 of the major reforms to start in 2028/29. It plans a public consultation on the revised Code in the first half of 2027, followed by training for staff before the Code is laid before Parliament. The answer said an expert reference group that includes Mencap and the National Autistic Society is supporting the drafting.
So, for most providers, nothing changes in day-to-day practice this winter except the human rights point above. The direction of travel, however, is clear: more community support for autistic people and people with a learning disability, and fewer admissions.
Questions people ask
When does the Mental Health Act 2025 come into force?
Only in part so far. It received Royal Assent on 18 December 2025, and a few sections are in force, including sections 51 and 52 from 6 April 2026. Most of the Act, including the learning disability and autism changes, needs regulations to start. The government is developing a revised Code of Practice to allow phase 1 of the major reforms to start in 2028/29.
Does the Mental Health Act 2025 change anything for care providers now?
Mainly one thing. Since 6 April 2026, section 51 treats registered care providers as carrying out a public function under the Human Rights Act 1998 when they provide certain services, such as section 117 after-care. Otherwise, keep working to the 1983 Act and its 2015 Code of Practice.
What this means for your service
- Keep working to the 1983 Act and the current Code of Practice. Most of the 2025 Act is not in force yet.
- If you deliver section 117 after-care, check with your commissioner and your own legal or policy lead how section 51 affects your service. Human rights duties now apply directly to that work. Make sure your policies, complaints process and staff training reflect this.
- Expect more community referrals over time. If you support autistic people or people with a learning disability, ICB registers and community-first commissioning are coming. Phase 1 is currently planned for 2028/29, so now is a sensible time to review your skills, environments and positive behaviour support.
- Watch for the Code of Practice consultation, currently planned for the first half of 2027. Providers' experience is useful evidence.
- Don't change practice based on proposals. Only commenced sections change the law.
This is general information, not legal advice.
Sources
- legislation.gov.uk, Mental Health Act 2025 (c. 33), contents: https://www.legislation.gov.uk/ukpga/2025/33/contents (checked 27 Oct 2026)
- legislation.gov.uk, Mental Health Act 2025, introductory text (date of Royal Assent): https://www.legislation.gov.uk/ukpga/2025/33/introduction/enacted (checked 27 Oct 2026)
- legislation.gov.uk, Mental Health Act 2025, section 56 (commencement): https://www.legislation.gov.uk/ukpga/2025/33/section/56 (checked 27 Oct 2026)
- legislation.gov.uk, Mental Health Act 2025, section 51: https://www.legislation.gov.uk/ukpga/2025/33/section/51 (checked 27 Oct 2026)
- legislation.gov.uk, Mental Health Act 2025, sections 32 and 52: https://www.legislation.gov.uk/ukpga/2025/33/section/32 and https://www.legislation.gov.uk/ukpga/2025/33/section/52 (checked 27 Oct 2026)
- legislation.gov.uk, Mental Health Act 2025, section 4: https://www.legislation.gov.uk/ukpga/2025/33/section/4 (checked 27 Oct 2026)
- legislation.gov.uk, The Mental Health Act 2025 (Commencement No. 1) Regulations 2026 (SI 2026/385, made 26 Mar 2026): https://www.legislation.gov.uk/uksi/2026/385/made (checked 27 Oct 2026)
- UK Parliament, written question HL1450, answered 6 Jul 2026 (Baroness Merron, DHSC): https://questions-statements-api.parliament.uk/api/writtenquestions/questions/1921512 (checked 27 Oct 2026; public page: https://questions-statements.parliament.uk/written-questions/detail/2026-06-29/HL1450)
- UK Parliament, written question 37212, answered 26 Oct 2026 (supervised discharge commenced Feb 2026): https://questions-statements-api.parliament.uk/api/writtenquestions/questions/1951949 (checked 27 Oct 2026)
- DHSC, Mental Health Bill – Implementation Policy Paper (deposited paper DEP2025-0184, 2025): https://data.parliament.uk/DepositedPapers/Files/DEP2025-0184/Mental_Health_Bill-Implementation_Policy_Paper.pdf (checked 27 Oct 2026)
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