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Personal Injury Compensation

The Mental Health Act 2025 amends the existing 1983 Mental Health Act, rather than being a complete revision of the existing legislation. Although many of its provisions will come into force over time, some will be activated sooner. For example, the introduction of conditional discharge of restricted patients with conditions that amount to a deprivation of the patient's liberty took effect from 18 February 2026. Section 35 MHA 2025 allows the lawful imposition of conditions on discharge in the small number of high-risk cases where a patient has capacity but suffers from a mental disorder that persists, but is no longer benefiting from detention in a hospital, and the Tribunal or Secretary of State for Justice are satisfied the conditions are necessary for the protection of others. This represents significant changes to the existing legislation, and it is anticipated that it could give rise to some practical difficulties as many of the patients involved in the new arrangements are considered to be in a high-risk category.

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