Electronic Signature

Law and practice Mental Health Act
1

On an A6 S3 Application, it has been sent / typed electronically, the signature of the AMHP is also typed but isn’t an actual electronic signature, is this acceptable
Thanks

2

It is an actual electronic signature.
b/w
Guy

3

Hi yes it is, can be typed, an e-signature or a PDF of a signature.

4

Many Thanks for your answers

5

Hi, this is from the DHSC’s Guidance on the electronic communication of statutory forms under the Mental Health Act: “Electronic signatures on forms have the same meaning as in section 7(2) of the Electronic Communications Act 2000. This states that an electronic signature is ‘so much of anything in electronic form as is incorporated into or otherwise logically associated with any electronic communication or electronic data; and purports to be used by the individual creating it to sign’. As such, electronic signatures on electronically submitted statutory forms may be a typed name or initials, a scan or photo of a wet ink signature, or an electronically drawn signature, among other options meeting the definition specified above.”

6

Interesting update. Page 16 of the most recent Court of Protection user Group Minutes has this (HHJH is judge Hilder):

Bhaveni Parmar (BP) Lancashire County Council Based on Practice Direction, we understood that where a document may be filed with the court by electronic means (whether pursuant to a rule, practice direction or court order) any statement of truth contained in that document must be verified by an electronic signature in one of the following forms: (a) an image of the signature of the maker of the statement; (b) or a digital signature of the maker of the statement generated by commercial software - Section 7 of the Electronic Communications Act 2000 provides for the use of an electronic signature in an electronic communication What are the benefits of a wet signature and how does this request meet legal requirements as per Electronic Communications Act 2000?

HHJH advised that the ‘digital signature’ is not a typed name, but rather an electronically stored signature.

Not about MHA forms, but any thoughts on this interpretation?