Annex D – guidance on the use of the MHA Code of Practice during the pandemic

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NHSE guidance Annex D – guidance on the use of the MHA Code of Practice during the pandemic

Published 29 mayo 2020

This contains guidance in relation to ‘alternative procedures’ during the pandemic. It is important to note that this is the view of NHSE/NHSI/DHSC as to situations where there may be ‘cogent reasons’ to depart from the Code. Ultimately however ‘it is for practitioners to decide whether it is appropriate to depart from the Code of Practice in any particular case. Any departure should be justified and recorded clearly, as it may later be subject to scrutiny by the courts.’

Decision makers will need to take care that any departure from the Code (whether in line with Annex D or otherwise), is justified on a case by case basis. The guiding principles will still need to be taken into account in all decision making, in the usual way.

Any departure from the Code will need to be documented, justified and monitored.

Annex D covers:

  • S.136 assessments and the possibility of consultation with the AMHP by the doctor taking place remotely, particularly where compulsory admission will not be needed. However, an ‘in-person’ AMHP assessment should take place where the doctor thinks compulsory admission is needed.
  • AMHPs from the ‘local team’ carrying out assessments rather than the ‘home team’ to avoid travel.
  • Hospital managers hearings, including the use of digital means where necessary.
  • Tribunal hearings.
  • Medical seclusion reviews.
  • S.17 leave and visitors. This notes that leave should continue to be facilitated ‘so far as possible’.
  • Access to IMHAs.
  • SOAD service – covering remote reviews.
  • Remote forms & electronic delivery.

Key Contacts

Gill Weatherill

Gill Weatherill

Newcastle

+44 (0)191 404 4045

Sarah Woods

Sarah Woods

Bristol

+44 (0) 117 918 2744