The Department of Health in Northern Ireland has launched a 12-week public consultation on proposed updates to the Code of Practice that governs mental health treatment under the Mental Health (NI) Order 1986.
This review comes in the wake of the Muckamore Inquiry, which concluded hearing evidence from 181 witnesses in March 2025. Muckamore Abbey Hospital has been at the centre of the UK’s largest-ever police investigation into the alleged abuse of vulnerable adults. So far, 15 individuals have been charged, revealing serious failures in patient care and safeguarding. O’Reilly Stewart Solicitors were privileged to represent a number of the families of the patients impacted by the events at Muckamore at the Inquiry.
With the inquiry’s final report expected in March 2026, there is growing pressure for reform. The spotlight is now firmly on the need for stronger legal protections, clearer standards, and a contemporary approach in providing mental health services.
Mental health conditions affect approximately one in five people in Northern Ireland annually, with around 23% of the population having sought support or treatment since October 2021. Despite this, the existing Code—based on legislation from 1986—is widely viewed as outdated, failing to reflect modern clinical practice or current human rights standards.
The proposed updates aim to align Northern Ireland’s mental health care framework with modern legislation, including the Mental Capacity Act (NI) 2016. Central to the revisions are a focus on promoting human rights, delivering person-centred care, and improving collaboration between healthcare providers, police, and other key services.
The Department is encouraging responses from a broad range of stakeholders—patients, carers, healthcare professionals, emergency services, advocacy groups, and legal experts—to help shape a Code that is both practical and legally robust.
Health Minister Mike Nesbitt described the consultation as “crucial” to building a mental health system that respects individual rights and is equipped to meet the demands of the present day.
This consultation marks a pivotal step in modernising mental health law in Northern Ireland, which we at O’Reilly Stewart would argue is long overdue. Through our work in representing victims of medical negligence, we see all too often how the current system fails patients with mental health difficulties. We urge the Health Minister to press on with this long-awaited review of the current legislation to ensure greater protection for patients.