Overview

This consultation seeks your views on the draft revised Code of Practice to the Mental Health (NI) Order 1986 (referred to throughout this document as “the Code” and “the Order”).

It is important to note that this consultation is concerned only with the Code of Practice to the Order, and not with the Order itself.

In making your responses, please also consider the background information in the sections below, as they set out what the revised Code is for, the changes proposed, and how we will respond to the responses to this consultation.

Background to the Revised Code of Practice to the Order

The Mental Health (Northern Ireland) Order 1986 provides the legal framework for the care, treatment, and rights of individuals with mental disorders, including compulsory admission, guardianship, and treatment. The Code of Practice offers statutory guidance to professionals (e.g., Approved Social Workers, medical practitioners, HSC Trusts, PSNI, and NIAS) and is considered best practice, though not legally binding. Non-compliance may be referenced in legal proceedings. The draft revised Code updates the original to:

• Reflect modern mental health practices and human rights standards, including the Human Rights Act 1998 and Section 75 of the Northern Ireland Act 1998.
• Promote person-centred care, patient rights, and professional responsibilities.
• Align with the Bamford Review’s rights-based principles and the partial transition to the Mental Capacity Act (Northern Ireland) 2016 (MCA) for those aged 16+.

The sections of the Code that have been updated include those concerned with:

• Police Powers under the Order Articles 129/130 and warrants;
• Human Rights and the interface with the Order;
• Regulation and Quality Improvement Authority roles and responsibilities in relation to the Order;
• Northern Ireland Ambulance Service roles and responsibilities in relation to the Order;
• Socially accepted terms to refer to people with lived experience;
• Guidance that was contained within the Guide to the Order documents and regional conveyance protocol that were not within the Code, including flow charts and diagrams to aid understanding including a jointly agreed risk matrix to assist decision making;
• Newly designed and tested best practice recording forms that support effective communication and recording of decision making between and within organisations.

Why your views matter

Your input is vital to ensuring the Code is practical, inclusive, and effective and we look forward to receiving your responses.

The consultation runs from 30 September 2025 to 29 December 2025. We invite responses from all stakeholders and all who have an interest, including those with lived experience, families and carers, health and social care professionals, and partner agencies. We encourage the widest possible engagement and sharing of views and experiences through this consultation. including but not limited to:

• • People with lived experience, their carers and families;
  • Community and voluntary sector organisations;
  • Health and Social Care sector;
  • Legal sector;
  • Health and Social Care professions including medical staff, Approved Social Workers, mental health nursing and staff working in Emergency Departments.
  • Health and social care providers;
  • Police Service Northern Ireland (PSNI)
  • Northern Ireland Ambulance Service (NIAS) and contracted patient transport agencies
  • Registration and Quality Improvement Authority (RQIA)
  • Advocacy services;
  • Judicial bodies;
  • Academics; and
  • Departmental officials and other agencies or arm’s length bodies.

Geographical scope:

The Order and its draft revised Code of Practice apply to Northern Ireland.

Body responsible for the consultation:

This consultation is being undertaken by the Mental Capacity Act Unit in the Department of Health.

How to Respond:

There are three options available for response. This online option is the preferred option and we would urge you to use this, however if you wish to request a hard copy, please contact us by email or post.

Email or Post: Download the consultation document from the "Related documents" section of this consultation site and send your responses to:

Email: MCAimplementation@health-ni.gov.uk or

Post: Mental Capacity Act Unit, Department of Health, Room D2.10, Castle Buildings, Belfast BT4 3SQ