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A summary of key developments and insights relating to the Mental Health Bill, the Mental Capacity Act, the UK Online Safety Act, and cyber security.
Update on the Mental Health Bill
Having undergone scrutiny in the House of Lords, the Bill is currently at the committee stage in the House of Commons.
On 19 May 2025 the Joint Committee on Human Rights (appointed by both Houses of Parliament) published its report ‘Legislative Scrutiny: Mental Health Bill’ setting out its recommendations to government.
Among the key areas considered by the Joint Committee is the interaction between the Mental Health Act and the Mental Capacity Act. The report highlights that clarity is needed as to “when detention and treatment under one or the other should be authorised” and recommends an urgent Government review and prompt action on this aspect.
Contact: Christopher Malla
Guidance to support implementation of the Mental Capacity Act
On 28 May 2025, NHS England published ‘Guidance to support implementation of the Mental Capacity Act in acute trusts for adults with a learning disability’.
The guidance comes after a Health Services Safety Investigations Body report published in 2023 identified “variation in staff understanding and application” of the Act “in the care of people with a learning disability”.
The introduction to the guidance provides that “Trusts leadership are asked to ensure they understand the guidance, take the actions indicated and make these resources available to all frontline staff”.
Contact: Christopher Malla
UK Online Safety Act
The UK Online Safety Act (OSA), which received Royal Assent in October 2023, is one of the most significant digital regulation laws introduced in the UK to date. As of 17 March 2025, the first set of enforceable duties under the OSA came into force. These relate to illegal harms, requiring in-scope services to conduct risk assessments and implement safety measures to protect users from illegal content.
While attention has often focused on its long-term implications for child safety and harmful content, the immediate enforceability of illegal harms duties presents a critical compliance moment for regulated services. Our article provides an overview of the current legal position, explains Ofcom's expectations under the new Codes of Practice, and sets out what steps businesses should now take to remain compliant.
Related item: UK Online Safety Act: how to comply as illegal harms duties take effect
Contact: Dr Nathalie Moreno
Cyber security
The recent attacks in the retail sector should be seen as a timely reminder of the importance of prioritising cyber security. The cyber threat landscape is constantly evolving and the tactics that have been employed in the recent attacks is just the latest development, so it is imperative for organisations to stay one step ahead.
The fact that these attacks have impacted such large, established retailers like M&S shows that no organisation is immune. However, a proactive approach to cyber security gives organisations the best chance of preventing, or mitigating their risk.
Related item: Lessons from the recent retail cyber attacks
Contact: Arran Roberts
Healthcare