MHRT for Wales and coronavirus: Difference between revisions

Revision as of 09:18, 26 July 2020

Welsh tribunal coronavirus PD. Practice Direction: MHRT for Wales: Coronavirus COVID-19 (30/3/20) — This practice direction sets out the procedure for a period of 6 months. (1) During the pandemic, preliminary medical examinations will not be "practicable" owing to health risk. (2) Hearings will be held by telephone or video, unless dispensed with entirely (when a hearing would be impractical or involve undesirable delay, sufficient evidence is available to decide without a hearing, and this would not be detrimental to the health of the patient). (3) Tribunals will continue ordinarily to comprise three members, unless this is impractical or would involve undesirable delay, in which case a legal member may sit alone or with one other member. Superseded by Practice Direction: MHRT for Wales: Coronavirus COVID-19 (2/10/20) (which has the same wording).
Commencement orders • Coronavirus legislation. Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020 — This brings into force: (1) paragraphs 11, 12 and 13 of schedule 8, removing the need for three panel members and making other changes to MHRT for Wales procedure, on 27/3/20; (2) some of schedule 12, removing and modifying certain duties under the Social Services and Well-being (Wales) Act 2014, on 1/4/20.

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 See also: [[Coronavirus resources#Newer resources]]
-*Nothing has been published (as of 25/3/20) but it understood that hearings are being postponed or being held by telephone by the usual panel of three. As in England, the [[Mental Health Review Tribunal for Wales Rules 2008|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]]). Update: here is that legislation:
+*{{rsum|Practice Direction: MHRT for Wales: Coronavirus COVID-19 (30/3/20)}}
-**{{lsum|Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020}}
+*{{lsum|Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020}}
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