Drilldown: Resources

See also: General information. A summary of the coronavirus resources can be found here: Coronavirus resources.

The relevant pages (and summaries) are displayed at the bottom of this page.

Resources > Type : Article or Tribunal_guidance or Web_page

Showing below up to 13 results in range #1 to #13.

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Resource Type Sentence Abstract Date
Alex Ruck Keene and Rosie Scott, 'The COVID-19 pandemic, the Coronavirus Bill and the Mental Capacity Act 2005' (39 Essex Chambers, 25/3/20) Article Coronavirus resource

Impact of coronavirus on operation of MCA

This article contains information under the following headings: (1) The Coronavirus Bill; (2) Non-Statutory Guidance; (3) Guidance from the Court of Protection; (4) Advance care planning; (5) Commentary.

Alex Ruck Keene, 'COVID-19 and MCA - first guidance out' (Mental Capacity Law and Policy, 19/3/20) Article Coronavirus resource

Article about coronavirus guidance mentioning MCA

This article contains brief comments on the following: (1) DHSC, 'Responding to COVID-19: the ethical framework for adult social care' (19/3/20); (2) HM Government and NHS, 'COVID-19 Hospital Discharge Service Requirements' (19/3/20).

Claire Tyler, 'The stormy passage of the Mental Capacity (Amendment) Bill' (The House Magazine, 2/5/19) Article

Summary of LPS legislation passage through Parliament

In this article Baroness Tyler summarises the history of this legislation, concluding that "much relies on what will be set out in the Code of Practice and in secondary legislation, which will be vital in determining how the new system will work, including the vexed issue of a definition of what does and doesn’t constitute a deprivation of liberty" and that "without proper funding[,] staff resources and training it will fail in practice".

Hill Dickinson LLP, 'Coronavirus Act - key facts' (26/3/20) Article Coronavirus resource

Summary of Coronavirus Act 2000

This detailed summary of the Coronavirus Act 2020 contains the following headings: (1) Emergency registration of health and social care professionals; (2) Suspension of duties to undertake assessments of need/discharge of patients from hospital; (3) Deaths and inquests; (4) Indemnity for health service activity; (5) Powers in relation to potentially infectious persons; (6) Children; (7) Offences; (8) Impact on NHS employers; (9) Emergency volunteering leave; (10) Statutory sick pay; (11) Changes to the Mental Health Act 1983: (a) Applications for detention under section 2 and section 3; (b) Holding powers; (c) Treatment - administration of medicine to persons liable to detention in hospital; (d) Detention in place of safety; (e) Patients concerned with the criminal justice system.

Julian Hendy, 'Victims and the Mental Health Tribunal' (UK Administrative Justice Institute, 10/3/20) Article

Victims and tribunals

In this article Julian Hendy (founder of the Hundred Families charity) argues that the Mental Health Tribunal "could easily be more transparent and accountable to victims if only [it] had the will do to so". He argues for less secrecy and more transparency (making comparisons with the Court of Protection's transparency pilot and the Family Court's transparency review) and a greater role for victims in the tribunal's decision-making process (by analogy with the Parole Board's post-Warboys measures and its welcoming of victim personal statements).

Richard Jones, 'Response to MHA Review (1): Removing the distinction between s2 and s3' (8/12/18) Article


This article discusses the fact that the MHA Review does not recommend merging s2 and s3.

Richard Jones, 'Response to MHA Review (2): Managers' hearings' (10/12/18) Article


This article considers the MHA Review's recommendations in relation to hospital managers' hearings.

Richard Jones, 'Response to MHA Review (3): Jurisdiction of the First-tier Tribunal' (28/12/18) Article


This article considers the MHA Review's recommendations in relation to the Mental Health Tribunal.

Richard Jones, 'Response to MHA Review (4): Bureaucratic burdens' (14/1/19) Article


This article argues that the MHA Review's recommendations would lead to an unnecessary increase in bureaucracy.

Richard Jones, 'Response to MHA Review (5): MHA or MCA?' (29/1/19) Article


This article argues against the MHA Review's recommendation that patients who lack capacity to consent to admission or treatment for mental disorder, but who are clearly not objecting, should only be detained under the MCA.

Ross Tomison, 'Electronic Signatures and the Mental Health Act' (Thalamos, 20/11/19) Article

Electronic signatures

The conclusion of this article is: "The Mental Health Act doesn’t require a signature to be handwritten. Provided all other formalities have been met under the act for the form which is being completed, then an electronic signature is legally valid."

Simon Burrows, 'Amendments to the Mental Health Act 1983 proposed in the Coronavirus Bill 2020 as originally submitted to Parliament' (Law in the Time of Corona Blog, 23/3/20) Article

Description of MHA changes in Coronavirus Bill

This article contains information under the following headings: (1) Introduction; (2) The Coronavirus Bill - its purpose; (3) The process of detention: sections 2, 3, 4 and 5 MHA; (4) Patients involved in the criminal justice process; (5) Administration of medication without consent; (6) Police powers: places of safety; (7) Transitional Provisions; (8) Deprivation of liberty under the Mental Capacity Act?; (9) Concluding remarks.

Simon Lindsay, 'Digital mental health: Use of electronic forms and signatures' (Bevan Brittan, 31/3/20) Article

Electronic signatures

This article provides equivocal advice about the use of electronic signatures.


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