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Mental health law briefing 214 – Changes to the Mental Health Act code of practice

Following its consultation on proposed amendments to the Code of Practice to the Mental Health Act, on 16 January the Department of Health published the proposed amended Code1. This requires Parliamentary approval but the amended code is anticipated to come into force in April 2015.

The main changes to the Code include:

  • New guiding principles
  • New chapters on Human Rights issues, equality and care planning
  • Guidance on when to use the Mental Health Act, the Mental Capacity Act or the Deprivation of Liberty Safeguards
  • Updated guidance on seclusion and long term segregation, police powers and places of safety
  • New sections on physical health care, use of blanket restrictions and support for patients with dementia and immigration detainees
  • Guidance on support of children and those with learning disabilities

Andrew Parsons
t: 020 7227 7282

January 2015
© RadcliffesLeBrasseur

1 A copy of the new Code is available at


This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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