Mental Health Act 2025

After Clause 50, insert the following new Clause— “Cost and implementation reporting

After Clause 50, insert the following new Clause— “Mental Health Commissioner

[<i>Withdrawn</i>] Baroness Murphy gives notice of her intention to oppose the Question that Clause 3 stand part of the Bill.

Clause 8, page 14, line 22, at end insert— “(c) appropriate medical treatment must also have regard for the principle of therapeutic benefit stipulated in section 118(2B);”

Clause 1, page 1, line 19, at end insert— “(2) In section 118 of the Mental Health Act 1983 (duty to prepare code of practice, including principles which the person making it thinks should inform decisions under the Act<i>),</i> after subsection (2B) (inserted by subsection (1)) insert—”

After Clause 50, insert the following new Clause— “Notification of specialist eating disorder units having arrangements for special cases

After Clause 50, insert the following new Clause— “Addressing and reporting on racial disparities and other inequalities in the use of the Mental Health Act 1983

Clause 10, page 16, line 13, at end insert— “(ii) at the end of paragraph (b) insert—

After Clause 50, insert the following new Clause— “General duty to secure sufficient resources for services in the community

After Clause 50, insert the following new Clause— “Mental Health Crisis Breathing Space

Schedule 2, page 71, line 24, leave out “county court” and insert “Court of Protection”

Clause 1, page 1, line 11, at end insert— “<table class="middle-vertical tableleft width-100" cols="2"><tbody class="left"><tr><td><p>Equity</p></td><td><p>addressing inequalities in treatment, particularly racial inequalities, outcomes, and related provisions regarding protected characteristics</p></td></tr></tbody></table>”

Clause 8, page 14, line 22, at end insert “and which seeks to minimise the patient’s distress and promote their psychological wellbeing and recovery from any childhood trauma”

Clause 8, page 14, line 17, at end insert— “(iii) seeks to minimise the patient’s distress and promote psychological wellbeing and recovery from any childhood trauma;”

Schedule 2, page 73, line 13, at end insert “in the case of a patient who has not attained the age of 18 years, is able to promote and safeguard their welfare, and”

Clause 1, page 1, line 19, at end insert— “(2) In section 118 of the Mental Health Act 1983 (code of practice), after subsection (1) insert—

Schedule 2, page 71, line 31, at end insert— “(d) a parent, guardian or other person with parental responsibility.”

[<i>Withdrawn</i>] Schedule 2, page 73, line 8, at end insert—

Schedule 2, page 71, line 22, at end insert— “30AA Overruling a nominated person

After Clause 10, insert the following new Clause— “Approved clinicians

After Clause 51, insert the following new Clause— “Mental Health Commissioner

After Clause 51, insert the following new Clause— “Addressing and reporting on racial disparities and other inequalities

After Clause 51, insert the following new Clause— “Review and reporting on inequalities in Mental Health Act Measures

After Clause 51, insert the following new Clause— “Workforce sufficiency assessment by Integrated Care Boards

After Clause 51, insert the following new Clause— “Determination of ability to decide for persons under 16

After Clause 51, insert the following new Clause— “Long-term segregation: independent medical review

After Clause 51, insert the following new Clause— “Segregation: code of practice

After Clause 51, insert the following new Clause— “Accountability for non-compliance with the code of practice

After Clause 51, insert the following new Clause— “Segregation: oversight

After Clause 51, insert the following new Clause— “Notification of long-term segregation

After Clause 51, insert the following new Clause— “Human Rights Act 1998: provision of treatment for a mental disorder as a public function

Clause 52, page 64, line 24, leave out subsection (4)

Clause 52, page 64, line 23, at end insert— “(3A) A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

After Clause 51, insert the following new Clause— “Age appropriate treatment for children

After Clause 51, insert the following new Clause— “Funding and reporting

After Clause 51, insert the following new Clause— “Duty to review the functions of the regulatory authority

After Clause 51, insert the following new Clause— “Review: causes and consequences of rates of diagnosis of mental disorders

After Clause 51 insert the following new Clause— “Powers of tribunals to determine challenges against treatment decisions

After Clause 51, insert the following new Clause— “Report on the racial disparities in secure mental health units and among patients subject to Community Treatment Orders

After Clause 51, insert the following new Clause— “Duty to implement preventative policies for mental disorders

Clause 30, page 41, line 24, at end insert— “(c) in paragraph (e), for “six months” substitute “three months”.”

Schedule 3, page 91, line 13, after “patient” insert “or English qualifying informal patient under 18”

To move the following Clause— “Reporting: racial disparities relating to community treatment orders

To move the following Clause— “Mental Health Crisis Breathing Space

Clause 45, page 57, line 33, at end insert— “(3A) An “advance choice document” under subsection (3) should include consideration of the person’s financial circumstances.”

To move the following Clause— “Addressing and reporting on racial disparities and other inequalities in the use of the Mental Health Act 1983

Page 48, line 9, leave out Clause 35

Clause 45, page 57, line 11, at end insert— “(1A) The arrangements that must be made under subsection (1) include such arrangements as NHS England or the integrated care board considers appropriate for people to be given information or help by having a conversation with someone who is suitably qualified, whether in-person or remotely.

Schedule 2, page 82, line 4, leave out “[sub-paragraph removed]” and insert “sub-paragraph (3)”

To move the following Clause— “Human Rights Act 1998: extension to certain private care providers

Schedule 3, page 92, leave out lines 22 and 23 and insert— “(c) the patient is not liable to be detained under this Act or any other legislation or by virtue of a court order.”

Schedule 2, page 81, line 25, leave out from beginning to end of line 3 on page 82 and insert— <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">If no local authority has parental responsibility for the relevant patient but there are one or more other persons who have parental responsibility and who are willing to act as the nominated person, the approved mental health professional must appoint one of them.”</span></span>

Clause 45, page 58, line 10, at end insert “, and (c) bringing the availability of that information and help to the attention of such people as it considers appropriate.”

Clause 45, page 57, line 11, at end insert “, and (c) bringing the availability of that information and help to the attention of such people as it considers appropriate.”

Page 60, line 32, leave out Clause 50

Schedule 3, page 94, line 36, at end insert— “8 In section 130J (Welsh qualifying informal patients), in subsection (2), for paragraph (c) substitute—

Clause 45, page 58, line 10, at end insert— “(1A) The arrangements that must be made under subsection (1) include such arrangements as the Local Health Board considers appropriate for people to be given information or help by having a conversation with someone who is suitably qualified, whether in-person or remotely.

Schedule 2, page 87, line 13, at end insert— “(18A) In section 130B (arrangements in relation to independent mental advocates: England), after subsection (3)(d), insert—

Clause 45, page 57, leave out lines 5 to 11 and insert— “(1) All eligible patients shall have a right to create an advance choice document.

Schedule 2, page 77, line 21, at end insert— “(3) Where the patient has not attained the age of 16 years, a nominated person must have parental responsibility for the patient.”

Schedule 2, page 80, line 13, after “2(2))” insert “, has parental responsibility for the patient (see paragraph 2(3))”

To move the following Clause— “Funding and reporting

To move the following Clause— “Report and Guidance: Transition to Adult Mental Health Treatment

To move the following Clause— “Impact assessment: children and young people in temporary foster care

To move the following Clause— “Reporting: racial disparities relating to community treatment orders

To move the following Clause— “Report and Guidance: Improving Outcomes for LGBT Patients

To move the following Clause— “National strategy on mental health units

To move the following Clause— “General duty to secure sufficient resources for services in the community

To move the following Clause— “Duty to promote mental health wellbeing

To move the following Clause— “Mental Health Commissioner

To move the following Clause— “Mental Health Crisis Breathing Space

To move the following Clause— “Children detained on adult wards

To move the following Clause— “Addressing and reporting on racial disparities and other inequalities in the use of the Mental Health Act 1983

To move the following Clause— “Report: statutory competency test for under-16s

To move the following Clause— “Adequacy of accommodation: review

To move the following Clause— “Review of impact of this Act on detention

To move the following Clause— “Transfer of patients: out of area placements

To move the following Clause— “Report on the impact of this Act on patients with eating disorders

To move the following Clause— “Duty to provide advice and support to families and carers

To move the following Clause— “Assessment for admission: clinicians with outstanding complaints

To move the following Clause— “Veterans’ Mental Health Oversight Officer