---

Mental Health Services: Standards

Answer

The Mental Health Act 2025, which received Royal Assent in December 2025, strengthens the rights of patients subject to the act as well as their representatives. In particular it provides clarity around responsibilities for section 117 aftercare, introduces the new role of Nominated Person in place of the Nearest Relative in order to improve patient choice, and introduces an opt out system for Independent Mental Health Advocacy services so that every patient will be made aware of their right to an advocate.

The change from Nearest Relative to Nominated Person allows the patient to choose who will support them when they are detained, rather than this being an automatic assignment from a hierarchical list. Patients can choose family and carers or anyone else whom they trust. If they choose a person who is not their carer, the carer will still be involved in the patient's care, for example, the responsible clinician must consult with the carer on the patient's care and treatment plan.

The provisions of the new act will commence under a phased approach to ensure system readiness. To support such readiness, the revised Mental Health Act Code of Practice will provide statutory guidance to National Health Service mental health providers on all policies covered in the new act, including on how to ensure that families and carers are involved in the patient's care and treatment.

Secondary information

Type

Written question

Reference

22749

Session

2026-27

Grouped for answer

Yes

Subjects

Patients Mental health services Relatives Standards Independent mental health advocates

Legislation

Mental Health Act 1983

Link

View this Written question on www.parliament.uk