Key takeaways
Human Rights Act 1998 extended to certain private providers
Private care services delivering NHS‑funded mental health care gain new obligations.
Change closes a long‑standing legal accountability gap
Informal and after-care patients now receive clearer human rights protection.
Children’s mental health admissions face closer scrutiny
Government review may widen CQC notifications and shorten timescales.
The Mental Health Act 2025 (‘the Act’) received Royal Assent on the 18 December 2025. The Act amends the Mental Health Act (‘MHA’) 1983 rather than replacing it. Most of the Act is not yet in force, but some key sections came into force on 18 February 2026.
You can read our detailed article about those sections here.
The Mental Health Act 2025 (Commencement No. 1) Regulations 2026 were made on 26 March 2026 and now two further parts of the Act are coming into force on 6 April 2026.
1. Certain private care providers are subject to the Human Rights Act ('HRA') 1998 when providing aftercare or NHS-arranged inpatient treatment
Section 51 of the Act adds a new section 142C to the MHA 1983. The explanatory notes to the Act confirm this section extends the remit of the HRA 1998 to private care providers when providing care and treatment to informal patients and under section 117 of the 1983 Act (and its equivalent in Scotland).
It is important to note that the new section 142C MHA 1983 is not limited to informal patients and those subject to section 117 after-care however. It will apply to detained patients and informal patients where:
'the provision of medical treatment for mental disorder or assessment in relation to mental disorder, for an in-patient at a hospital, but only where that treatment or assessment is arranged or paid for by an NHS body' (Mental Health Act 2025).
'Hospital' is defined as any institution for the reception and treatment of people suffering from mental disorder or other illness, convalescing, or requiring medical rehabilitation. 'Illness' includes any injury or disability requiring medical treatment or nursing.
These changes were implemented due to case law (Sammut -v- Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) amongst others) previously determining that the HRA 1998 did not apply to informal patients and those subject to section 117 after-care in private settings. Those providers are now required to act compatibly with people’s human rights, and can be held accountable if they don’t.
2. The Secretary of State must review the circumstances in which the CQC is notified of children being admitted to hospitals or registered establishments
Under regulation 18 of the Care Quality Commission (Registration) Regulations 2009, the CQC must be notified of:
'any placement of a service-user under the age of eighteen in a psychiatric unit whose services are intended for persons over that age where that placement has lasted for longer than a continuous period of 48 hours'.
Section 52 of the Act places a statutory duty on the Secretary of State for Health to carry out a review as to:
whether the notification requirement should be extended to any other cases in which a person under 18 is admitted to a hospital or registered establishment for medical treatment for, or assessment in relation to, mental disorder; and
whether the time period of 48 hours remains appropriate.
The Secretary of State must prepare and publish a report of their conclusions to be laid before Parliament 'before the end of the period of 2 years beginning with' 18 December 2025 which is when the Act was passed.
If you or your organisation needs advice, training or support in relation to the forthcoming changes to the MHA 1983, please do not hesitate to contact: Louise Wilson, Rachael Watkinson, Paul Allerston.
