Mental Health Act and Legal Update
In this on-demand video, we covered The MHA white paper, The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 and Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin).
26 March 2021
This webinar took place on Thursday 25th March 2021 and is now available on-demand. The content in this recording was correct as of the original webinar date.
Topics that were covered:
- The MHA white paper (proposed amendments to the Mental Health Act currently out for consultation)
It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. His report set out proposals for change in both law and practice in order to deliver a more modern mental health service, to strengthen patient’s rights and to address the existing disparities in how the act currently affects people from black, Asian and minority ethnic minority (BAME) backgrounds.
The government has now published the Mental Health Act white paper, setting out their plans to reform the act in response to Sir Wessely’s report. If the proposals set out in the White paper are accepted, we will see the introduction of some of the most significant changes to the existing legal framework in relation to mental health law since 1983. These include a change to the statutory criteria for detention in Part II cases, shorter detention times, widened scope of the Tribunal, changes to the consent to treatment provisions and to the nearest relative legal framework to mention just a few. - The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020
These regulations have introduced a move to electronic forms under the Mental Health Act 1983 - Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin)
An important decision about the lawfulness or otherwise of remote MHA assessments
This webinar was chaired by Becky Fitzpatrick, Partner at Browne Jacobson, with contributions from Laura Nazar, Senior Associate at Browne Jacobson.
.embed-container { position: relative; padding-bottom: 56.25%; height: 0; overflow: hidden; max-width: 100%; } .embed-container iframe, .embed-container object, .embed-container embed { position: absolute; top: 0; left: 0; width: 100%; height: 100%; }Speakers
Rebecca Fitzpatrick
Partner
Specialises in all aspects of mental health and general healthcare law. Vast majority of practice that leads to court involvement is in the Court of Protection (mental capacity issues), the High Court (complex treatment cases, eg involving children), the Administrative Court (judicial review, human rights and community care issues) and the Coroner’s Court.
rebecca.fitzpatrick@brownejacobson.com
+44 (0)330 045 2131
Related expertise
You may be interested in...
13 June 2024
Online Event
Shared Insights Data: handling data breaches in the health and care sector
04 June 2024
In Person Event - Procurement Act
Procurement reform roadshow
06 June 2024
In Person Event - Procurement Act
Procurement reform roadshow
25 June 2024
In Person Event - Procurement Act
Procurement reform roadshow
19 June 2024
In Person Event - Procurement Act
Procurement reform roadshow
02 May 2024
Legal Update
Government response to the recommendations regarding the draft Mental Health Bill
09 July 2024
Online Event - Shared Insights
Shared Insights: Focus on maternity and neonatal safety
25 June 2024
Online Event - Shared Insights
Shared Insights: Coroners question time
13 June 2024
Online Event - Shared Insights
Shared Insights Data: Strategies for handling cyber attacks and data breaches
24 April 2024
Legal Update - Procurement Act
Provider Selection Regime - how will it work in practice?
22 April 2024
Press Release
‘Privacy by design’ approach will help health and care organisations gain public trust in using technology as ICO publishes new guidance
19 April 2024
Legal Update
Understanding the ICO's new fining guidance
18 April 2024
Opinion - Maternity services
Newborns born outside of hospitals at higher risk of hypothermia during emergency responses
17 April 2024
Guide
Demystifying international healthcare contracting
16 April 2024
On-Demand - Shared Insights
Shared Insights: Preparing and delivering organisational learning evidence in the Coroner’s Court
11 April 2024
Legal Update
ICO consultation on accessing care records: A legal perspective
10 April 2024
Legal Update - Shared Insights
Shared Insights round up - Spring 2024
09 April 2024
Legal Update
Court of Protection rules on capacity and best interests in pregnancy termination case involving detained woman
28 March 2024
Legal Update
Employment Healthcare Briefing - March 2024
22 March 2024
Legal Update
The importance of including temporary staff in NHS patient safety investigations
13 March 2024
Legal Update
Death certification reform in England and Wales – how will healthcare providers and commissioners be affected?
12 March 2024
Opinion
Government’s Spring Budget invests millions in maternity safety
12 March 2024
Opinion - Maternity services
Health Service Journal reports on growing trend of “free birthing”
08 March 2024
Legal Update - Maternity services
Introduction of baby loss certificates gives recognition to millions of bereaved families in the UK
07 March 2024
Legal Update
Charity law update – March 2024
07 March 2024
Legal Update
NHS England publishes updated guidance on NHS subsidiary companies
06 March 2024
Opinion
Caregivers at work: Navigating new carer's leave regulations
05 March 2024
On-Demand - Shared Insights
Shared Insights: Sexual safety in the workplace — how leaders can help to create a sexual safety culture
01 March 2024
Opinion
EHRC publishes new guidance on menopause and the workplace
01 March 2024
Legal Update - Health and Care Connect
Health and Care Connect: Health Check - March 2024
01 March 2024
Legal Update
Braceurself Ltd v NHS England 2024: Court of Appeal procurement case decision
27 February 2024
Press Release
At the forefront of society’s biggest issues - a reflection of our public sector work throughout 2023
23 February 2024
Legal Update
Mental health law round up – February 2024
16 February 2024
Legal Update - Maternity services
Chesterfield Royal Hospital ranked amongst the top Trusts nationally in the 2023 Maternity Survey
08 February 2024
Published Article
Planning the future of healthcare
06 February 2024
On-Demand - Shared Insights
Shared Insights: Giving evidence before the Family Court - a practical session
06 February 2024
Legal Update
Updated guidance on COPDOL11 (Re X) applications
02 February 2024
Opinion - Maternity services
Coronial investigations of stillbirths - summary of consultation responses
24 January 2024
On-Demand - Shared Insights
Shared Insights: Improving communication with families through the inquest process
19 January 2024