Mental Health Act 2007

Changes to the Existing Law

National advice service factsheet
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  • Produced by: Rethink
  • Format: Factsheets

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A factsheet explaining changes to the Mental Health Act which come into force in October 2008.

The aim of the Mental Health Act 2007 was to modernise the existing Mental Health Act 1983. A large part of the 1983 Act will remain the same. There will be an updated Code of Practice to reflect the changes to the law.


Important changes include:
• Widening the definition of mental disorder.
• Patients having greater say about who is their nearest relative.
• 16 and 17 year olds now being able to agree to or refuse an admission to hospital without this decision being overridden by a parent.
• A decrease in the situations where ECT can be given without consent.
• A right to a special Independent Mental Health Advocate for detained patients.
• The introduction of Supervised Community Treatment in the form of Community Treatment Orders (CTOs)..