Mental Health Act 20266

In short

This law, the Mental Health Act 2026, sets out rules for mental health services, focusing on how people, including children, can be admitted for mental health care, how they are treated, and how these services are regulated.

What it regulates

• The process for involuntary admission to mental health centres for adults and children.
• Rules for consent to treatment, including specific provisions for those lacking capacity and for children.
• The application and regulation of restrictive practices like seclusion and restraint.
• The functions, structure, and oversight of the Mental Health Commission, including inspections and inquiries.
• The registration and regulation of acute mental health centres, community mental health centres, and community mental health services.

Who it concerns

• Individuals requiring mental health care, both adults and children, who may be admitted voluntarily or involuntarily.
• Mental health service providers, including registered acute mental health centres, community mental health centres, and community mental health services.
• The Mental Health Commission and its staff, including the Chief Executive Officer and Inspectors.

Key points

• The Act establishes "Guiding Principles" for the care of both adults and children.
• Involuntary admission orders have a specified "Duration and renewal."
• The Act details specific procedures for "Consent to treatment," including when a person lacks capacity.
• It outlines various "Restrictive practices" such as seclusion, mechanical, physical, and pharmacological restraint, and their application.
• The Act prohibits the administration of "electro-convulsive therapy for children."
• The Mental Health Commission is responsible for the "Regulation of Mental Health Services," including maintaining registers for different types of mental health centres and services.