Guidance needed for successful Mental Health Act

As Mental Health Awareness Week takes place from 11-17 May 2026, the Law Society of England and Wales is calling on the UK government to consult with experts and individuals with lived experience in creating a comprehensive Code of Practice for the Mental Health Act 2025. This new legislation, enacted in December 2025, aims to enhance the choice, dignity, and respect afforded to individuals accessing mental health care. Law Society president, Mark Evans, underscored the necessity of clear guidance by stating that “the Mental Health Act 2025 is a vital step in helping people access justice whilst in treatment.” He emphasised that the opportunity to provide people more control over their lives hinges on an effective Code of Practice.

The updated Code of Practice is particularly crucial for the new 'Nominated Person' role, designed to assist children and young people in making informed decisions regarding their care. Evans reiterated the significance of this role, noting that “clear guidance is especially critical for children and young people.” He pointed out that traditionally, decisions regarding care were made by the nearest relative, which may not always be the best approach. “A well-designed Code of Practice will protect young people’s rights, give families and professionals clarity, and reduce disagreements over care,” he added.

The Law Society expressed its readiness to collaborate with the government in developing guidance that ensures the smooth implementation of the law while providing tangible benefits for all stakeholders involved in mental health care.