Law and regulation updates for nurses · Nurses, nursing associates and support staff who care for people who may be detained or treated under the Mental Health Act
The Mental Health Act 2025: what changes for nurses, and when
The new Act in plain terms: what is in force, what is coming, and what to do on the ward today.
- 2modules
- 1.5CPD hours
- 100guided minutes
- Freeto study
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About this course
The Mental Health Act 2025 received Royal Assent on 18 December 2025. It is the most significant reform of the Mental Health Act 1983 in decades, and it changes who can be detained, how long for, who speaks for the person and what must be written down.
It does not all arrive at once. A few provisions came into force early; most of the changes that affect ward practice are being commenced in phases over several years, with a new statutory Code of Practice still to be written and workforce training planned for 2026 and 2027. Until a provision is commenced, the 1983 Act as it stands continues to apply.
This course tells you what the Act provides, in plain language and from the published text and explanatory notes, and is clear throughout about which parts are in force and which are not yet. It applies to England and Wales. Scotland and Northern Ireland have their own mental health law.
What you will be able to do
- State when the Act received Royal Assent and explain why its commencement is phased
- Explain the new detention test, including serious harm and therapeutic benefit
- Explain what changes for people with a learning disability or who are autistic
- Describe the nominated person, opt-out advocacy and statutory care and treatment plans
- State the changes to detention periods, tribunals and community treatment orders
- Explain what changes for police cells and prisons as places of safety
- Say which parts are in force, which are not, and what to do today
- Find the published text and your trust's guidance and check what you are told against them
Modules
Assessment and certificate
Knowledge check after each module and a final assessment at 80 per cent, with unlimited attempts.
A digital certificate, issued the moment you have passed and paid, showing 1.5 CPD hours with a verification code. It evidences knowledge of the Mental Health Act 2025 as published. It is not a regulated qualification, it does not confer any power under the Act, and it is not a substitute for your employer's training or for the statutory Code of Practice when it is published.
Questions
Is the Mental Health Act 2025 in force?
Only in part. It received Royal Assent on 18 December 2025. A small number of provisions were brought into force early, but most of the changes that affect ward practice will be commenced in phases over several years, and a new statutory Code of Practice has still to be produced. Until a provision is commenced, the Mental Health Act 1983 as it stands continues to apply.
Does the new Act apply in Scotland and Northern Ireland?
No. It applies to England and Wales. Scotland and Northern Ireland have their own mental health legislation.
What happens to people with a learning disability or autism?
Once the relevant provisions commence, a person will no longer be able to be detained for treatment under section 3, or placed on a community treatment order, on the basis of a learning disability or autism alone. They would need a co-occurring psychiatric disorder that meets the detention criteria.
Does this course tell me what I am allowed to do under the Act?
No. It explains what the Act provides. What you are permitted and required to do in your role is set by the Act, the Code of Practice, your professional standards and your employer's policy, and you should follow those. If anything here differs from your trust's guidance, follow the guidance and raise it.