Significant changes for independent health and care providers of mental health services from April 2026: the Human Rights Act 1998 and “public authority” status (Bevan Brittan, 21 April 2026)

Summary

From 6 April 2026, Section 51 of the Mental Health Act 2025 has come into force, and if you are an independent provider of NHS-funded mental health inpatient services or s.117 aftercare services, this change directly affects you.

Independent providers delivering these services are now definitively classified as "public authorities" for the purposes the Human Rights Act 1998. That means clearer legal obligations, greater scrutiny from the CQC, and direct exposure to human rights claims and judicial review challenges.

Are your policies, governance frameworks and insurance arrangements ready?

Read this brief from Bevan Brittan to understand what has changed, what it means for your organisation, and the steps you, and your commissioners, should be taking now.