All Legislation
Mental Health Law
c. 12
England & Wales
Mental Health Act 2007
View on legislation.gov.ukThis page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
Substantially amended the Mental Health Act 1983 and the Mental Capacity Act 2005. Introduced community treatment orders, broadened the definition of mental disorder, replaced the treatability test, created the role of responsible clinician and AMHP, and inserted the Deprivation of Liberty Safeguards into the MCA 2005.
Key Points
- Broadened definition of mental disorder — single definition replacing four categories
- Introduced community treatment orders (CTOs) via s.17A MHA 1983
- Replaced 'treatability test' with 'appropriate treatment' test
- Created role of Responsible Clinician (replacing RMO)
- Created role of Approved Mental Health Professional (replacing ASW)
- Inserted Deprivation of Liberty Safeguards (DoLS) into MCA 2005
- Reformed nearest relative provisions
- Single definition of 'mental disorder' — removed previous categories
- Community Treatment Orders (CTOs) — supervised treatment in the community after discharge from hospital
- Appropriate medical treatment test replaced treatability test
- Nearest relative can be displaced and replaced by the county court
- Advocacy — independent mental health advocates (IMHAs) for detained patients
- Amended criteria for detention under ss.2 and 3 MHA 1983