Mental Health Act 2025: What do social workers in England and Wales need to know?

With reforms to mental health legislation imminent, BASW explores what this means for social work

The Mental Health Act 2025 is the biggest change to mental health law in a generation and comes as a result of pressure put on successive governments by organisations such as BASW and ADASS.

At its heart, this reform is about rights, choice, and reducing unnecessary restriction. For social workers working in mental health, safeguarding, or community settings, it brings real changes to how people are supported during crisis and compulsory intervention.

Why the law has changed

The old Act was often criticised for being over-reliant on detention and disproportionately used with racialised communities and people with learning disabilities or autistic people.

Changes in the Act

  • Detention must actually help and shouldn’t be used just because there’s nowhere else to turn.
  • Autism or learning disability on their own are no longer grounds for detention. Someone must have a co-occurring mental health condition that meets the legal criteria.
  • Police cells and prisons are no longer allowed as “places of safety” for adults in mental health crisis.
  • Detentions are reviewed more often, and the initial period for treatment detention is shorter. This gives people more opportunities to challenge decisions and have their views heard.
  • The old nearest relative role is replaced by a nominated person, chosen by the individual. People can also record treatment preferences in advance through Advance Choice Documents.

How BASW helped to shape this Act

BASW collaborated with ADASS during the Act's passage through parliament to engage with parliamentarians and affect the reforms. We also worked with the AMHP Leads Network too where relevant. 

Most of our proposals will come into effect outside of this Act, such as the possible implementation of the Liberty Protection Safeguards scheme, but we did achieve some wins in the Act itself, such as:

  • Removing the requirement for the Nominated Person’s signature to be witnessed.
  • Children not being treated in adult wards.
  • Extending the remit of the Human Rights Act to cover private care providers when providing care and treatment to informal hospital patients.

A full summary can be found here.

What this all means for social work

Social workers are central to these reforms. We will often be the professional bringing context, social history, cultural understanding, and the person’s own wishes into assessments, reviews, and tribunals. Also, the law now backs up what good practice already looks like: supporting people in the community wherever possible and challenging restrictive approaches that don’t offer real benefit.

When is this happening?

Although the Act is now law, changes are being introduced gradually over several years. Some parts start sooner, but most of the big shifts won’t be fully in place until the late 2020s. This gives time for training, service development, and changes to the Code of Practice.

Is it all good news?

The Act is good news, but more still needs to be done. Community services still need proper funding, workforce pressures need to be addressed, and a change in the law doesn’t automatically change culture.

We are also expecting further consultation on powers under S135 and 136 of the 1983 Act, as well as revisions to the Code of Practice.

Beyond the Mental Health Act 2025, the UK Government has committed to reform of Deprivation of Liberty Safeguards, which BASW will use to raise the voice of social work.