Law Society warns mental health act reforms risk confusion without guidance
The Law Society of England and Wales has called on the UK government to launch a formal consultation on guidance supporting the implementation of the new Mental Health Act 2025. The intervention comes during Mental Health Awareness Week, which runs from 11 to 17 May 2026.
The Law Society said a revised Code of Practice will be essential to ensure the new legislation is applied fairly, consistently, and effectively across mental health services in England and Wales. The Mental Health Act 2025 became law in December 2025 and is expected to be implemented gradually over the next decade.
According to the government, the reforms are intended to increase dignity, choice, and autonomy for people receiving mental health treatment. The Law Society stated that an updated Code of Practice should provide practical guidance for healthcare professionals, patients, and families on how the legislation should operate in practice.
The organisation said clear guidance will be particularly important for the new “nominated person” role introduced under the reforms. Under the legislation, individuals receiving treatment will be able to appoint a nominated person to support them in decisions relating to their care.
The appointed nominated person may hold significant legal powers, including the ability to seek discharge of a patient or object to detention under section 3 of the Mental Health Act. The Law Society noted that this could create complex situations where a child or young person appoints someone other than a parent or guardian, potentially leading to disagreements over treatment decisions.
Mark Evans said the government now has an opportunity to ensure the reforms deliver meaningful protections through clear and workable guidance. He stated that well-designed guidance would help protect the rights of children and young people while also giving families and professionals greater certainty when navigating difficult decisions.
Evans added that the previous system, based on the concept of the “nearest relative”, had not always provided the most appropriate approach for young people receiving treatment. The Law Society said it is ready to work with the government and stakeholders to help develop guidance that supports the smooth implementation of the reforms. The organisation also urged ministers to engage directly with legal experts, healthcare professionals, and individuals with lived experience of mental health services during the consultation process.
Although health policy is devolved in Wales, the Mental Health Act 2025 applies in both England and Wales following legislative consent from the Senedd Cymru. The Code of Practice is expected to play a central role in how the reforms are interpreted and applied by clinicians, hospitals, local authorities, and tribunals over the coming years.