Patient rights strengthened under new Mental Health Act

News

The Law Society of England and Wales welcomes the new Mental Health Act* that gains royal assent today. The legislation is a once-in-a-generation opportunity to protect patient rights and access to justice, but further measures are needed.

The act amends the previous Mental Health Act of 1983, focusing on ensuring mental health patients have clear legal rights, dignity and respect during treatment. While mental health is a devolved power in Wales, the act will apply in both jurisdictions following consent from Senedd Cymru (Welsh Parliament)**.

Law Society president, Mark Evans, said: “We welcome the Mental Health Bill becoming law, as it helps level the playing field for people accessing mental health services.

“Behind the legal texts, there are real people needing support and protection. We’re pleased to see the government’s efforts to maintain dignity in mental health care by giving patients greater autonomy over treatment decisions and ensuring earlier, more frequent automatic referrals to the Mental Health Tribunal.

“To ensure children under 16 benefit from the act’s reforms as much as those over 16, the UK government should review how child competency is assessed under the act. Leaving child competency tests off is an important oversight. It would give under-16s the opportunity to prove their capacity and increase their ability to make decisions regarding their own care.

“This Mental Health Act is a vital step forward in ensuring people can access justice whilst in treatment, but more needs to be done. Mental health care is a pivotal part of how we look after everyone in our communities and we are proud to have been able to support the creation of this act. We are committed to monitoring this space and ensuring that everyone’s rights are protected.”

Notes to editors

*Learn more about the Mental Health Bill, which gained royal assent on 18 December 2025.

** Learn more about what reforming the Mental Health Act 1983 means for Wales.