The Legal Bit | April 2025



Mental Health Bill Update

Key Changes Passed in the House of Lords

Update from 31 March 2025

The Mental Health Bill took a big step forward at its Report Stage in the House of Lords on 31 March. This important legislation, which aims to improve how people with mental health needs are treated, saw several key amendments approved, despite opposition from the Government.

Here’s what changed:

New Role: Authorised Person

The law will now allow health and care professionals—not just police officers—to carry out detentions under the Mental Health Act, helping reduce reliance on police during crises.

✅ Passed by 223–157 votes

Stronger Rules on Community Treatment Orders (CTOs)

CTOs can now last a maximum of 12 months and must be reviewed every 6 months. Any extension will require the views of the patient, their carer, and the care team.

✅ Passed by 272–157 votes

Better Support for Children

When a child cannot choose their own representative (a “nominated person”), the law will now set out who can be appointed—such as a social worker, special guardian, or someone with parental responsibility.

✅ Passed by 218–143 votes

Patient De-Briefing After Hospital Discharge

Everyone discharged from hospital will now be offered a meeting with an advocate within 30 days to discuss their experience and treatment.

✅ Passed by 209–143 votes

Government Promises & Future Action

Baroness Merron, representing the Government, made several key commitments:

A new annual report will track the number of people with learning disabilities or autism detained under mental health laws.

A panel of experts will help shape rules for choosing adults to support children in care decisions.

The Government will also explore extra safeguards for serious treatments like feeding tubes, and improve how Advance Choice Documents (patients’ treatment wishes) are used in care planning.

Other Updates

The Ministry of Justice announced it will set up a new taskforce to improve how people with mental health needs are transferred from prisons to hospitals for care.

What’s Next?

The Mental Health Bill now heads toward its Third Reading in the House of Lords on 23 April 2025, before moving to the House of Commons for further debate.

Stay tuned as this major reform develops

Children and Young People

Children’s Social Care Reforms:

The Labour government shared plans to improve children’s social care. They published a paper called Keeping Children Safe, Helping Families Thrive, and they are also working on the Children’s Wellbeing and Schools Bill. These changes are in the early stages.

The reforms aim to achieve four main outcomes:

  • Children, young people and families stay together and get the help they need.
  • Children and young people are supported by their family network.
  • Children and young people are safe in and outside of their homes.
  • Children in care and care leavers have stable, loving homes.

Deprivation of Liberty:

The Children’s Wellbeing and Schools Bill is currently going through Parliament.

If passed, it would change s25 of the Children Act 1989 and mean that children can be deprived of their liberty in places other than secure children’s homes.

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