Law Society calls for expert consultation on Mental Health Act 2025 guidance

Olivia Thorne (she/her) is the content manager at LawCareers.Net

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The Law Society of England and Wales has urged the UK government to formally consult experts and people with lived experience to develop a code of practice for the Mental Health Act 2025, as part of Mental Health Awareness Week 2026.

The Law Society said clear and comprehensive guidance is essential to ensure the new legislation is applied fairly and consistently across mental health services. It emphasised that an updated code of practice will be central to ensuring the act’s protections work in practice.

The Mental Health Act 2025 became law in December 2025 and will be rolled out over the next decade. The legislation aims to give people accessing mental health care greater choice, dignity and respect. An accompanying code of practice is intended to provide professionals, patients and families with clarity on how the law should be used.

The Law Society highlighted the importance of guidance for the new ‘nominated person’ role, which is designed to support children and young people in making decisions about their care. The appointed nominated person has significant powers, including the ability to discharge a patient and object to detention under Section 3 of the act. In some cases, this role may be held by someone other than a parent or guardian.

Law Society President Mark Evans described the legislation as a “vital step” in improving access to justice for people receiving treatment. He said the government now has an opportunity to ensure the law delivers meaningful benefits through a “clear and effective code of practice”.

Evans added: “Clear guidance is especially critical for children and young people. In the past, decisions were made by the nearest relative, which may not always be the most appropriate way. A well-designed code of practice will protect young people’s rights, give families and professionals clarity and reduce disagreements over care.

“We are ready to work with the government to develop guidance that makes the implementation of the law smooth and delivers real benefits for everyone.”

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