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Case review 16/03/2021
Devon Partnership NHS Trust v Secretary of State for Health and Social care [22.01.2021] - In this case, the High Court considered the interpretation of physically examining a patient and whether it could and should be done in person or remotely, in the particular context of the requirements contained in sections 11(5) and 12 of the Mental Health Act 1983 (MHA).
Following an Independent Review of the Mental Health Act 1983 (the Act) – recommendations of which were published in December 2018 in a report, ‘Modernising the Mental Health Act: Increasing choice, reducing compulsion’ – the government, informed by those recommendations, has set out in a White Paper wide-ranging proposals “for a substantive programme of legislative reform”.
In June 2020, the National Data Guardian for Health and Social Care (the NDG), Dame Fiona Caldicott, launched a public consultation seeking views on her intention to revise the existing seven ‘Caldicott Principles’ and issue new guidance about the role of ‘Caldicott Guardians’.
Whilst measures are being taken to protect the public and the NHS against COVID-19, mental health practitioners face particularly difficult issues in responding to the challenges that COVID-19 presents.
The Health Protection (Coronavirus) Regulations 2020 (the Regulations) were laid before the UK Parliament on 10 February 2020 and put in place with immediate effect. A UK Government press release on the same day explained that the purpose of the Regulations is “to reduce the risk of further human-to-human transmission” of coronavirus (COVID-19).
The Clinical Negligence Scheme for General Practice is a new state indemnity scheme for General Practice in England operated by NHS Resolution. The new scheme came into effect from 1 April 2019.
We are very pleased to announce that we have promoted ten lawyers to our partnership, with nine based in the UK and one in the US.
Case review 29/11/2018
The Supreme Court concluded that the Mental Health Act 1983 does not permit the Secretary of State for Justice to impose conditions amounting to detention or a deprivation of liberty upon a conditionally discharged restricted patient.
A new report has highlighted some important areas for attention that could help to reduce suicides. In response, NHS Resolution has made nine recommendations for NHS Trusts and national bodies to highlight potential lessons for those delivering mental health services.
The exercise of seeking to determine what the best interests are of an individual involves a careful balance between the principle of personal autonomy and the presumption in favour of preserving life.