Mental Health Act 2025 sections 51 and 52 commence: implications for UK health and safety law and regulatory compliance

Mental Health Act 2025 sections 51 and 52 commence: implications for UK health and safety law and regulatory compliance

What has changed

From 6 April 2026, sections 51 and 52 of the Mental Health Act 2025 come into force. This change updates the statutory framework governing mental health services in England and Wales, with regulators applying the new provisions to assessed care, treatment and governance arrangements. Organisations should consult the Act and any guidance to understand the precise duties that apply to them.

Why it matters

The change affects how organisations delivering or commissioning mental health services ensure safe and compliant operations. It emphasises governance, accountability and safeguarding, with potential implications for staff training, policy alignment and incident reporting. Aligning with good practice in health and safety management and regulatory compliance will help reduce risk and support patient safety.

Who is affected

NHS trusts, private sector mental health providers, social care organisations, local authorities and any entity involved in commissioning, delivering or supporting mental health services may be affected. Suppliers and contractors delivering mental health services should review their responsibilities.

Key duties for employers

Key duties include ensuring governance arrangements reflect the new provisions, updating policies and procedures, carrying out or updating risk assessments, ensuring staff training covers the new requirements, and maintaining appropriate consultation with workers and, where relevant, service users. Consider reviewing contractor arrangements to ensure alignment with new duties and oversight mechanisms.

Steps to achieve compliance

1) Identify how sections 51 and 52 apply to your organisation; 2) obtain the official text and guidance; 3) review and update health and safety policies, safeguarding procedures and risk assessments; 4) update training and awareness across staff and contractors; 5) strengthen governance, reporting and escalation processes; 6) align your management systems with ISO 45001 where appropriate; 7) engage with regulators and workers to confirm understanding and readiness.

Enforcement and sanctions

Regulators will monitor compliance and take appropriate action if breaches are identified. Organisations should respond promptly to any findings, implement corrective actions and document improvements to demonstrate ongoing compliance.

Practical next steps for governance and risk management

Review existing policies and risk assessments to reflect the new provisions; schedule worker consultation; ensure procurement and contractor management reflect new expectations; consider a targeted training plan and formalise a governance and assurance framework that links to your ISO 45001 system.

The update emphasises the importance of governance, risk assessment, worker consultation and training to ensure compliance with the new provisions. Organisations should align management systems such as ISO 45001 health and safety management with the updated requirements and consider engaging specialist support where needed.