Thousands of people with learning disabilities and autism will remain detained in hospitals despite a landmark overhaul of mental health laws receiving royal assent, campaigners have warned.
A Watershed Moment with a Critical Caveat
The government's new Mental Health Act became law on Thursday, 19 December 2025, with Health Secretary Wes Streeting hailing it as a "watershed moment for mental health care in Britain". The legislation, which updates the 1983 Act, aims to give patients more rights and end the inappropriate detention of those with learning disabilities and autism without a mental health condition.
However, a crucial amendment means this specific protection will only come into force once the government certifies that "robust" community support services are in place. With over 2,045 people with learning disabilities and autism still in hospitals as of November, and no confirmed timeline or funding for the necessary community infrastructure, fears are mounting that progress will stall.
"For too long, our mental health laws have been a relic of another era," Mr Streeting wrote exclusively for The Independent. He called the Act's passage a "personal milestone" but emphasised it was a "promise kept to the thousands of vulnerable people who have been failed for decades".
The Human Cost of Systemic Failure
The urgent need for change is starkly illustrated by cases like that of Nicholas Thornton. An investigation by The Independent in 2023 revealed the 27-year-old autistic man had spent a decade trapped in psychiatric hospitals because NHS and social care services could not fund a suitable community placement. It was only following the exposé that he was granted a full community care package and his own home in 2024.
Current data underscores the scale of the problem. Of the 2,045 people in hospital, 215 are medically ready for discharge but cannot leave. A primary barrier is a lack of housing, cited for 43% of those stuck, alongside insufficient social care provision.
MP Jen Croft, who tabled the amendment on community support, told The Independent the situation remained a "scandal". She stressed the need for a clear government plan: "Without a clear direction as to 'this is what good community support looks like', on how we’re going to get there… realistically, the situation is just going to continue."
Celebration Tempered by Calls for Concrete Action
Health leaders and charities have welcomed the new law but unanimously stress that the real work lies ahead. Jon Sparkes, chief executive of Mencap, called it a "landmark moment and a vital step", but cautioned that "the most transformative change will happen only when the government assesses that robust community support is in place."
Daniel Elkeles, chief executive of NHS Providers, echoed this, stating: "Reform of the Mental Health Act alone will not be enough. It will be vital to address the underlying issues driving pressures on services, and to ensure sustainable funding, with investment in the mental health workforce and services in the community."
The government has also faced criticism for dropping the Mental Health Investment Standard, a Tory-era commitment to increase mental health spending at a greater rate than physical health funding. This move has raised concerns about the long-term resources available to realise the ambitions of the new Act and finally free those like Nicholas Thornton from institutional care.
