What's Changing
The Act updates the Mental Health Act 1983 to better reflect modern understanding of mental illness and address racial disparities in detention rates. Four principles guide the reforms:
- Patient choice and autonomy
- Least restriction
- Therapeutic benefit
- Treating each person as an individual
These patient-centred principles align with wider transformation goals outlined in the NHS 10 Year Plan. The Mental Health Act changes introduce stricter rules for detaining patients, with clinicians now needing to provide evidence that serious harm may occur to the patient or others. This higher threshold means more detailed clinical documentation and stronger decision-making processes. EPRs (Electronic Patient Record systems) provide essential support in these areas.
How Technology Can Help
Several new requirements create opportunities for digital solutions. Advance choice documents let patients record their care preferences when they're well, which clinicians must consider during treatment. Digital platforms can make these documents easy to create, store, and access across different care settings.
The Act requires care and treatment plans for all detained patients. Technology that enables team collaboration, tracks treatment outcomes, and involves multiple professionals will help services meet these requirements without overwhelming staff with paperwork.
ICBs and local authorities must now maintain registers tracking people with learning disabilities and autism who may need support. Strong integrated care systems will be crucial for managing data, monitoring community services and ensuring appropriate help is available before hospital admission becomes necessary.
Managing the Challenges
According to the Impact Assessment Bill, implementation will cost an estimated £5.3 billion across health, housing, and social care, yet the government hasn't committed additional funding. This makes efficient, technology-enabled processes more important than ever.
Patients will have more opportunities to challenge their detentions through tribunals. This could require a 33% increase in responsible clinician capacity. With current consultant psychiatrist vacancy rates between 10-15%, digital tools that reduce administrative burden and support clinical decisions will be essential for managing demand.
The reforms introduce new consultation requirements before discharge, require community clinician input for treatment orders, and expand access to advocates. All of these need coordinated information sharing across teams, making interoperable systems critical.
Planning Ahead
Major Mental Health Act reforms begin in 2028, giving mental health services time to prepare. However, a consultation on the Code of Practice starts in early 2026, which will define how these changes work in practice.
The reforms aim to strengthen patient voice and ensure detention happens only when necessary. Digital systems will play a central role in delivering person-centred care while managing the practical demands of the new legislation.
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