Key takeaways
New powers to impose Deprivation of Liberty conditions
Supports safer conditional discharge where serious harm risks exist.
Updated tribunal processes
Revised forms and guidance reshape discharge decision-making.
Comprehensive guidance now available for practitioners
Government and tribunal materials clarify procedures and expectations.
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 did come into force on 18 February 2026.
You can read our detailed article about those sections here.
The main thing which has changed since 18 February 2026 is the ability for the Tribunal and the Secretary of State to impose conditions which amount to a deprivation of liberty, on those who are seeking a conditional discharge or are already conditionally discharged, in circumstances where that is considered necessary to protect others from serious harm. For the Tribunal, it must also be satisfied that for the patient to be discharged subject to those conditions would be no less beneficial to their mental health than for them to remain in hospital. There are also changes to Tribunal application and referral timeframes relating to these issues.
Some key pieces of guidance have now been released to support those impacted by the changes:
Government guidance from HM Prison and Probation Service entitled ‘Supervised Discharge Guidance’, published 18 February 2026. This sets out how clinical teams can seek, via the Secretary of State for Justice, a conditional discharge and lawfully include a condition that amounts to a deprivation of liberty.
The Government has also produced ‘Supervised Discharge FAQs’ on the same date.
Tribunal guidance issued in February 2026 entitled ‘Mental Health Act 2025 – an introduction to the new conditional discharge provisions’ – this explains the Tribunal’s approach on this issue and that documents such as the Tribunal application form have been or will be updated. The guidance can be found here.
The Tribunal application form (T110) in England has been updated and can be found here.
The Explanatory Notes to the Mental Health Act 2025 have also now been published and can be found here.
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.
