# How to discover whether an assessment was carried out remotely

**URL:** <https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333>\
**Category:** Mental Health Act\
**Tags:** remote-assessment, coronavirus\
**Created:** [9 February 2021 13:54 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333 "2021-02-09T13:54:40Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [9 February 2021 13:54 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333/1 "2021-02-09T13:54:40Z")

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At a recent tribunal the Judge asked the RC at the outset whether the Devon ruling affected the detention(Which was a bit odd as MHT could not consider that anyway.) The RC said it didn’t but that got us thinking as to how we would know whether a section/renewal had been done remotely if the client did not tell us. It would not necessarily be recorded on the papers.

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**Author:** ![Christine](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/8491ac/32.png) [@Christine](https://forum.mentalhealthlaw.co.uk/u/Christine)\
**Post date:** [11 February 2021 16:42 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333/2 "2021-02-11T16:42:51Z")

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Hi Karen  
Might it not be in the AMHP report or at least in the hospital electronic records?

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [12 February 2021 16:36 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333/3 "2021-02-12T16:36:13Z")

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You would hope so but I wonder if it is a requirement.

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**Author:** ![Christine](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/8491ac/32.png) [@Christine](https://forum.mentalhealthlaw.co.uk/u/Christine)\
**Post date:** [12 February 2021 19:54 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333/4 "2021-02-12T19:54:30Z")

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Good point.  
the older versions of the NHSE & DHSC guidance ( e.g. [version 3](https://www.mentalhealthlaw.co.uk/NHS,_%27Legal_guidance_for_services_supporting_people_of_all_ages_during_the_coronavirus_pandemic:_Mental_health,_learning_disability_and_autism,_specialised_commissioning%27_(v3,_30/11/20))) do have details of what should be considered prior to remote assessments ( obviously pre Devon case)…  
There is a final checklist which asks 'has your Trust or Local Authority put in place arrangements for the use of video MHAs to be recorded and reported to the MHA trust governance leads, DASS and CQC"  
Totally understand that does not read as a ‘requirement’ but I would have thought if anyone asked, the information should be available somewhere…  
The rest of the checklist requires the professionals to record ( not audio record but write) their rationale.  
Best i can see but appreciate its not answering your question really Karen  
BW  
Christine

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [13 February 2021 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333/5 "2021-02-13T09:58:36Z")

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Thank you Christine-that is helpful.