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The Mental Act 2007 (c 12) is an Act of Parliament of the Parliament of the United Kingdom. It amends the Mental Health Act 1983 and the Mental Capacity Act 2005. It applies to people in England and Wales.[1] Most of the Act was implemented on 3 November 2008.[2]

It introduces significant changes which include:

  • Introduction of Supervised Community Treatment, including Community Treatment Orders (CTOs). This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication regime is not being complied with in the community.
  • Redefining professional roles: broadening the range of mental health professionals who can be responsible for the treatment of patients without their consent.
  • Nearest relative: making it possible for some patients to appoint a civil partner as nearest relative.
  • Definition of mental disorder: introduce a new definition of mental disorder throughout the Act, abolishing previous categories
  • Criteria for Involuntary commitment: introduce a requirement that someone cannot be detained for treatment unless appropriate treatment is available and remove the treatability test.
  • Mental Health Review Tribunal (MHRT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHRT.
  • Introduction of independent mental health advocates (IMHAs) for 'qualifying patients'.
  • Electroconvulsive Therapy may not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection.[2][3]


During the Act's development, there were concerns expressed that the changes proposed by the Mental Health Bill were draconian. As a result, the government was forced in 2006 to abandon their original plans to introduce the Bill outright and had to amend the 1983 Act instead.[4] Despite this concession, the Bill was still defeated a number of times in the House of Lords prior to its receiving Royal Assent.[5]


  1. In Scotland, these matters are covered by the Mental Health (Care and Treatment) (Scotland) Act 2003. In Northern Ireland, by Mental Health (Northern Ireland) Order 1986, which has been amended by the The Mental Health (Amendment) (Northern Ireland) Order 2004.
  2. 2.0 2.1 Mental Health Act 2007: key documents from Department of Health website. accessed 14 November 2008
  3. Mental Health Act 2007 Accessed November 14 2008
  4. includeonly>"Mental Health Bill 'to be axed'", BBC News, 2006-03-23. Retrieved on 2008-12-15.
  5. includeonly>"Ministers lose mental health vote", BBC News, 2007-02-19. Retrieved on 2008-12-15.

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