Difference between revisions of "Coronavirus resources"
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*[[Civil Contingencies Act 2004]]
*[[Civil Contingencies Act 2004]]
*[[Health Protection (Coronavirus) Regulations 2020]] - Made under the 1984 Act
*[[Health Protection (Coronavirus) Regulations 2020]] - Made under the 1984 Act
Revision as of 16:19, 26 March 2020
There are two main coronavirus pages on Mental Health Law Online:
- This page, which contains guidance about the guidance.
- The page, which contains links to and summaries of all Coronavirus resources on our database - currently there are 55.
During the emergency period, which initially runs for 3 weeks from 26/3/20, no person may leave the place where he is living without reasonable excuse. The English and Welsh regulations set out non-exhaustive lists of reasonable excuses, such as obtaining basic necessities, seeking medical assistance, and travelling to work if it is not reasonably possible to work from home. The police and other relevant authorities have been given enforcement powers. Government advice includes to stay 2 metres (6ft) away from other people and wash your hands as soon as you get home.
As of 25/3/20, all resouces in thewere categorised and listed under the heading "Resources" in this summary page. If any documents are added to the database after that date they will automatically appear in a list immediately below:
- LAA, 'Contingency Measure for Civil Escape Cases - Electronic Submission' (24/3/20) (Added to MHLO: 2020-03-25 10:32:47 PM)
- 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) (Added to MHLO: 2020-03-25 10:43:02 PM)
- LAPG, 'Guidance on what the Legal Aid Contract and LAA COVID-19 Guidance Allows' (25/3/20) (Added to MHLO: 2020-03-25 10:48:46 PM)
- Hill Dickinson LLP, 'Coronavirus Act - key facts' (26/3/20) (Added to MHLO: 2020-03-27 3:32:05 PM)
- Senior President of Tribunals, 'Proposal to amend Composition Statements' (18/2/20) (Added to MHLO: 2020-03-27 3:43:07 PM)
- Mental Health Tribunal, 'Message to the Royal College of Psychiatrists' (Sarah Johnston and Joan Rutherford, 26/3/20) (Added to MHLO: 2020-03-27 4:02:49 PM)
- Celia Kitzinger, 'Remote justice: a family perspective' (Transparency Project, 29/3/20) (Added to MHLO: 2020-03-29 8:50:15 PM)
- Royal College of Psychiatrists, 'Legal matters - COVID-19 guidance for clinicians' (March 2020, updated periodically) (Added to MHLO: 2020-03-29 8:56:42 PM)
- Care Quality Commission, 'COVID-19: Interim Methodology for Second Opinions' (Dear Colleague letter, 20/3/20) (Added to MHLO: 2020-03-29 9:02:26 PM)
- NHS, 'Clinical guide for front line staff to support the management of patients with a learning disability, autism or both during the coronavirus pandemic - relevant to all clinical specialities' (ref 001559, v1, 24/3/20) (Added to MHLO: 2020-03-29 9:10:57 PM)
- Public Health England, 'Using electronic cigarettes in NHS mental health organisations' (4/3/20) (Added to MHLO: 2020-03-30 1:46:27 PM)
- Mental Health Casework Section, 'MHCS Update: Covid-19' (Dear Colleague letter, 19/3/20) (Added to MHLO: 2020-03-30 9:25:38 PM)
- BASW, 'Information and support for AMHPs, AMHP leads and Principal SWs on the role of AMHPs during the Covid-19 pandemic' (25/3/20) (Added to MHLO: 2020-03-30 9:36:36 PM)
- Ross Tomison, 'Electronic Signatures and the Mental Health Act' (Thalamos, 20/11/19) (Added to MHLO: 2020-03-31 7:29:21 PM)
- Simon Lindsay, 'Digital mental health: Use of electronic forms and signatures' (Bevan Brittan, 31/3/20) (Added to MHLO: 2020-03-31 7:34:47 PM)
- Mental Health Casework Section, 'Q and A for healthcare professionals and MHCS staff' (30/3/20) (Added to MHLO: 2020-03-31 9:32:44 PM)
- Court of Protection, 'Remote access to the Court of Protection guidance' (Mr Justice Hayden, 31/3/20) (Added to MHLO: 2020-04-01 1:30:17 PM)
- Sian Davies et al, 'Rapid response guidance note: COVID-19, social distancing and mental capacity' (39 Essex Chambers, 31/3/20) (Added to MHLO: 2020-04-01 1:49:47 PM)
- Alex Ruck Keene, 'Public health restrictions and capacity' (Mental Capacity Law and Policy, 29/3/20) (Added to MHLO: 2020-04-01 1:55:07 PM)
- Sophie Stammers and Lisa Bortolotti, 'Mitigating the risk of assumptions and biases in assessments of mental capacity' (University of Birmingham, 23/3/20) (Added to MHLO: 2020-04-01 2:04:44 PM)
- Alex Ruck Keene, 'Going beyond the Mental Capacity Act in assessing capacity: recognising and overcoming biases and stereotypes' (The Mental Elf, 26/3/20) (Added to MHLO: 2020-04-01 2:07:39 PM)
- Mental Health Tribunal, 'Further update on coronavirus situation' (1/4/20) (Added to MHLO: 2020-04-01 8:55:22 PM)
- Mental Health Tribunal, 'First-tier Tribunal (Mental Health) update' (2/4/20) (Added to MHLO: 2020-04-02 7:15:24 AM)
- Hannah Taylor, 'Coronavirus Act 2020 - Changes for Mental Health' (Bevan Brittan, 1/4/20) (Added to MHLO: 2020-04-02 12:53:07 PM)
- CQC, 'Monitoring the Mental Health Act in 2018/19' (6/2/20) (Added to MHLO: 2020-04-02 3:44:19 PM)
- Parole Board, 'Further guidance to members' (1/4/20) (Added to MHLO: 2020-04-02 7:54:28 PM)
- DHSC, 'Care Act easements: guidance for local authorities' (1/4/20) (Added to MHLO: 2020-04-02 8:39:08 PM)
- Mental Health Tribunal, 'Message from the Deputy Chamber President' (2/4/20) (Added to MHLO: 2020-04-03 8:48:30 PM)
- Mental Health Tribunal, 'Video Conference Hearings' (6/4/20) (Added to MHLO: 2020-04-06 1:09:52 PM)
- Mental Health Tribunal, 'Direction for disclosure of medical records to legal representatives in all cases for the duration of the Pilot Practice Direction' (25/3/20) (Added to MHLO: 2020-04-07 10:16:23 PM)
- Mental Health Tribunal, 'Order and directions for all community patients who are subject to a CTO or conditional discharge and who have applied or been referred to the tribunal for the duration of the Pilot Practice Direction' (26/3/20) (Added to MHLO: 2020-04-07 10:22:37 PM)
- LAA coronavirus guidance. Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20) — This guidance, which will be continuously updated, has information under the following headings: (1) Our contingency plans; (2) Coronavirus health advice; (3) Financial support; (4) Our proportionate approach to contract management; (5) Reducing administrative activity for providers; (6) Office requirements; (7) Applications other than in person; (8) Assessing financial eligibility where a client cannot attend; (9) Duty solicitor absence; (10) Crime Telephone advice; (11) Stay up to date. The 24/3/20 version states: "In situations where it is not possible to get a client signature, digitally or otherwise, please make a note on the file explaining why, countersigned by a supervisor, and also make a note on the application/form when submitted to avoid delays or issues with processing. Please seek a signature at the earliest possible opportunity." The 27/3/20 version states: "Most Mental Health Tribunal (MHT) hearings will now be heard remotely. We can confirm the MHT Level 3 Fee will be payable where representation is carried out at a remote hearing intended to dispose of a case and would have ordinarily taken place in person." The 27/3/20 version (in relation to situations where a client's signature cannot be obtained) states: "For avoidance of doubt, supervisor signatures may also be provided digitally to enable effective remote supervision, as long as they are clearly related to the relevant file notes."
- Law Society, 'Coronavirus (COVID-19) advice and updates' (19/3/20)
- Bar Council, 'Coronavirus advice and updates' (March 2020, updated periodically)
For those who work with the Mental Health Tribunal
- The following MHT-related documents are also listed separately in the relevant part of the Tribunal Rules page.
- MHT coronavirus telecon procedure. Tribunals Judiciary, 'Guidance from the Chamber President and Deputy Chamber President of HESC regarding the Mental Health jurisdiction' (Coronavirus, 19/3/20) — The following procedure will apply to hearings from Monday 23/3/20: (1) section 2 and conditional discharge recall hearings will be prioritised; (2) no pre-hearing examinations will take place; (3) new cases will be listed as a telephone conference before a single judge; (4) the judge can seek advice by telephone from that day's allocated medical or lay member, then repeat that advice in the telecon and allow submissions; (5) it is suggested that an unrepresented patient be allowed to speak to the judge without others in the room; (6) it is suggested that the decision is not announced. (See the document for full details.)
- Mental Health Tribunal coronavirus Practice Direction. Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 19/3/20) — For the pilot period, initially six months: (1) every decision, including those that dispose of proceedings, will be made by a judge alone, unless the CP, DCP or authorised salaried judge appoints two or three people; (2) the tribunal will suggest that CTO reference hearings are dealt with on the papers under rule 35; (3) it will not be "practicable" under rule 34 for any pre-hearing medical examinations to take place during the pandemic (no mention is made of video or telephone conferencing); (4) panels of one of two may seek the advice of one or more non-legal members to assist in decision-making, provided the advice is recoded and disclosed to the parties.
- Tribunal coronavirus Practice Direction. Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 19/3/20) — During the pilot period, initially six months: (1) decisions should usually be made without a hearing where the rules permit [MHT: rule 35 limits this to Part 5 and strike-out decisions, and certain CTO referrals]; (2) in jurisdictions where a hearing is required unless the parties consent to a determination on the papers [MHT: certain CTO referral cases] Chamber Presidents may allow a paper "triage" scheme in which provisional decisions are provided in cases in which a successful outcome for the applicant/appellant is likely; (3) all hearings should be held remotely where it is reasonably practicable and in accordance with the overriding objective [MHT: rule 1 states that hearings may be "conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication"]; (4) where permitted, hearings will proceed in the absence of parties who have not made an adjournment/postponement application [MHT: a requirement of rule 39 is that the patient has decided not to attend or is unable to attend for reasons of ill health]; (5) tribunals will take into account the impact of the pandemic when considering applications for extension of time for compliance with directions or the postponement of hearings. [Notes in square brackets are not part of the PD itself.]
- Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 19/3/20) - General guidance but not for mental health cases
- Mental Health Tribunal, 'Update on coronavirus situation' (18/3/20) - Older guidance for when oral hearings were still being listed
For those working with the Court of Protection
- Court of Protection, 'Further Guidance for Judges and Practitioners in the Court of Protection arising from Covid-19' (Mr Justice Hayden, 24/3/20)
- Court of Protection, 'Dear Colleagues letter' (Mr Justice Hayden, 23/3/20)
- Judiciary of England and Wales, 'Additional Guidance for Judges and Practitioners arising from Covid-19' (The Hon Mr Justice Hayden, 18/3/20)
- Judiciary of England and Wales, 'Visits to P by Judges and Legal Advisors' (The Hon Mr Justice Hayden, 13/3/20)
- Official Solicitor, 'Coronavirus update - property and affairs team' (19/3/20)
- HHJ Carolyn Hilder, 'Court User Group meeting (28/4/20) cancellation notice' (Letter to stakeholders, 18/3/20)
MHT for Scotland
MHRT for Wales
- Nothing has been published (as of 25/3/20) but it understood that hearings are being postponed or being held remotely. As in England, the Welsh tribunal rules allow for hearings by video link or telephone, and pre-hearing medical examinations "so far as practicable". Unlike in England, a rule change would be needed to allow for disposal of proceedings without a hearing, and primary legislation would be needed to change panel composition (as Welsh tribunal composition is set out in MHA 1983 sched 2).
Parole Board, family and civil courts
- Martin Jones, 'Guidance to members' (Parole Board, 20/3/20)
- President of the Family Divison, 'COVID 19: National Guidance for the Family Court' (19/3/20)
- Lord Chief Justice, 'Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts' (19/3/20)
- Lord Chief Justice, 'Review of court arrangements due to COVID-19, message from the Lord Chief Justice' (23/3/20)
- Lord Chief Justice, 'Coronavirus (COVID-19): Jury trials' (17/3/20)
Courts and tribunals generally
- Judiciary of England and Wales, 'Civil justice in England and Wales: Protocol regarding remote hearings' (20/3/20)
- Senior President of Tribunals, 'Guidance for tribunal judges and members - COVID-19 measures' (23/3/20)
- HMCTS, 'HMCTS telephone and video hearings during coronavirus outbreak' (18/3/20)
- HMCTS and MOJ, 'Coronavirus (COVID-19): courts and tribunals planning and preparation' (published 13/3/20 and updated periodically)
- See legislation page: Coronavirus Act 2020
- Parliament website, 'Coronavirus Bill 2019-21'
- DHSC, 'Coronavirus bill: what it will do' (18/3/20)
- James Goddard, 'Coronavirus: emergency legislation' (House of Lords Library, 18/3/20)
- 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)
- DHSC, 'Responding to COVID-19: the ethical framework for adult social care' (19/3/19)
- HM Government and NHS, 'COVID-19 Hospital Discharge Service Requirements' (19/3/20)
- CQC, 'Routine inspections suspended in response to coronavirus outbreak' (16/3/20)
- Alex Ruck Keene, 'COVID-19 and MCA - first guidance out' (Mental Capacity Law and Policy, 19/3/20)
- Bar Council, 'Chair of the Bar sets out concerns to MoJ, HMCTS, the Legal Aid Agency, the senior judiciary, the Bar Standards Board and the Inns of Court' (18/3/20)
- Ministry of Justice, 'COVID-19 Stakeholder Update' (22/3/20) - Includes clarification of the "key worker" category
In addition to the resources concerning the Coronavirus Bill above, here is some relevant legislation:
- Public Health (Control of Disease) Act 1984
- Civil Contingencies Act 2004
- Health Protection (Coronavirus) Regulations 2020 - Made under the 1984 Act
- Coronavirus Act 2020
These are general advice pages so do not have their own page in the MHLO resources database.
- Cabinet Office and Department for Education, 'Guidance for schools, childcare providers, colleges and local authorities in England on maintaining educational provision' (19/3/20)
The following web pages/sites are updated regularly:
- Gov.uk website, 'Coronavirus (COVID-19): what you need to do'
- Courts and Tribunals Judiciary: Court of Protection: Guidance (COVID-19)
- Courts and Tribunals Judiciary: Coronavirus (COVID-19) advice and guidance
- Law in the Time of Corona. This blog from Kings Chambers is aimed at the legal and business community.
- Crimeline, 'Coronavirus (COVID-19): Guidance'. Aimed at criminal lawyers.
- Transparency Project, 'COVID-19 and family courts: Links in one place to new arrangements'. Aimed at family (and COP) lawyers.
- Legal Action Group, 'Updates on the COVID-19 crisis' (25/3/20)