Law Society calls for code of practice for Mental Health Act 2025

The Act became law in December 2025 and will be rolled out over the next decade. Its goal is to give people accessing mental health care more choice, dignity and respect.

As part of Mental Health Awareness Week, Chancery Lane has urged the UK government to formally consult with experts and those with lived experience to develop a Code of Practice for the 2025 Act.

It said: “An updated Mental Health Act Code of Practice should give professionals, patients and their families clear guidance on how to use this new law.

“This is particularly important for the new ‘nominated person’ role that helps children and young people get the support they need to make decisions about their care.”

The appointed nominated person holds the power to discharge a patient, as well as the power to object to a person’s detention under section 3 of the Mental Health Act.

If a child or young person appoints someone other than one of their parents or guardians, the nominated person could take action that conflicts with the wishes of the parents or guardians.

Law Society President, Mark Evans, said: “The Mental Health Act 2025 is a vital step in helping people access justice whilst in treatment. The government now has the unique opportunity to give people more control over their lives through a clear and effective Code of Practice.

“Clear guidance is especially critical for children and young people. In the past, decisions were made by the nearest relative, which may not always be the most appropriate way. A well-designed Code of Practice will protect young people’s rights, give families and professionals clarity and reduce disagreements over care.

“We are ready to work with the government to develop guidance that makes the implementation of the law smooth and delivers real benefits for everyone.”

Lottie Winson