— This email sets out advice on Devon Partnership NHS Trust v SSHSC  EWHC 101 (Admin) and "immediate action required" based on that advice: (1) "The ruling applies to Part II of the MHA only, and not Part III of the MHA. It applies to both new assessments for detention and section renewals (including CTO renewals). Individuals who are currently detained following a remote assessment will need to be reassessed in person, if ongoing detention is deemed necessary." (2) "Stop using remote methods for any new or ongoing assessments for detention or section renewals under Part II of the Act. All mental health providers should identify and reassess individuals who are currently detained under Part II of the MHA following a remote assessment as soon as possible, if ongoing detention is deemed necessary. We also recommend notifying people who were detained via remote assessment, but have since been discharged from their section, that this Court ruling has now passed." Updated guidance: NHS England, 'Further legal advice on remote MHA assessments' (3/2/21).
Full details available at: https://www.mentalhealthlaw.co.uk/NHS_England,_%27Legal_advice_on_remote_MHA_assessments%27_(26/1/21)?id=010221-1117