Consultation on a revised Code of Practice for the Mental Health (Northern Ireland) Order 1986

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

How to Respond:

There are three options available for response. The 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.

Online: Submit your response on these pages.

Email or Post: Download the response form from the Department of Health website and send it to:

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

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

The need for consultation

The revision of the Code responds to:

• Evolving mental health practices and societal expectations.
• Lessons from Serious Adverse Incidents (SAIs), highlighting the need for improved inter-agency communication (e.g., between HSC, PSNI, and NIAS).
• The need to strengthen human rights protections and equality, particularly for vulnerable groups.
• The partial implementation of the MCA, requiring clarity on its interaction with the Order.
• The Order contains a requirement on the Department to review the code from time to time

Key aspects of the draft revised Code of Practice

The draft revised Code emphasises:

• Patient-centred care: Patients have the right to participate in care decisions, receive clear information, and be treated with dignity and respect.
• Professional duties: Professionals must communicate clearly, respect patient autonomy, and collaborate across agencies (e.g., HSC, PSNI, NIAS) to ensure safe care.
• Least restrictive practices - decisions must prioritise minimal restrictions on liberty, supported by ECHR-compliant safeguards and consider how to involve patients and families and respect individual preferences and values.
• Deprivation of Liberty: Addresses safeguards to prevent inappropriate deprivation of liberty, aligning with ECHR Article 5.

• Equality, Human Rights, and Parity of Esteem: Services must be accessible to all, with the need to promote equality of opportunity and good relations in respect of religious belief, political opinion, gender, race, disability, age, marital status, dependants and sexual orientation.
• Strengthens human rights protections.
• Safeguarding Rights: Enhanced protections for vulnerable groups, aligning with Bamford Review principles and human rights legislation.
• Effective interagency working across Health and Social Care (HSC), the Police Service of Northern Ireland (PSNI), the Northern Ireland Fire and Rescue Service (NIFRS) and the Northern Ireland Ambulance Service (NIAS).

Who does the Code apply to?

• People with lived experience of mental health disorders and people with learning disabilities, their families, carers and guardians.
• HSC Trusts and other public authorities who directly provide or commission mental health services.
• Private health and care providers commissioned by HSC Trusts, now or in the future.
• Professionals, including medical practitioners, nurses approved social workers, and hospital staff, including in Emergency Departments.
• PSNI, NIAS, NIFRS.
• RQIA, advocacy services, and judicial bodies.
• Departments, agencies and other public sector organisations who have a key interface with the proposed draft revised code and who have been involved in its Co-Design include The Executive Office, Department of Health policy branches, Department of Justice, PSNI, and other statutory organisations.

Your feedback will shape the final Code, ensuring it meets the needs of patients, families, carers, and professionals and reflects their needs and experiences and promote collaborative and effective mental health care under the MHO.

The consultation runs from 29 September 2025 to 23 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;
  • HSC 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.

Duration of the consultation:

The consultation will run for 12 weeks from 29 September 2025 to 23 December 2025.

All responses, whether online or by email or post, should be submitted by 11.59pm on 23 December 2025. Due to the timeframe required to consider all responses only in extenuating circumstances will extensions be granted and early responses are encouraged.