ONE of the region’s top mental health lawyers says clearer guidance is needed on carrying out safe face-to-face patient assessments.

John Lancaster, from GHP Legal and a senior Solicitor-Advocate, has welcomed the announcement that virtual assessments have been outlawed in determining whether a patient should be detained under the Mental Health Act, but says clearer guidance is needed about how to carry out face-to-face assessments safely.

He says that while he is not aware of any such virtual assessments taking place with his own clients in North Wales, Shropshire and north-west England, he would urge anyone who has been detained in this manner, or any friend or relative of such a person, to seek legal advice as a matter of urgency.

In November 2020, the Department of Health and Social Care issued guidance indicating that during the Covid-19 pandemic Hospital trusts could use remote assessments as part of an evaluation because of the virulence of the pandemic.

“There are some fundamental safeguards involved when someone is detained against their wishes in a psychiatric hospital," he said.

“The first of these is that the patient must initially be seen by appropriately qualified doctors and an ‘AMHP’, usually a social worker, who must all agree that the person needs to be detained in the interests of their own health and safety and/or the protection of others.

“These assessments can often take place in people’s homes or in cramped conditions in hospitals or police cells. If the authority to detain is renewed, similar assessments need to take place on renewal.

"Therefore, health trusts and local authorities do need guidance on how to maintain this safeguard whilst at the same time keeping everyone safe from coronavirus.

“Two distinguished High Court Judges, Dame Victoria Sharp and Mr Justice Chamberlain, grappled with this issue last month in a case brought by a Devon Health Trust.

"They were asked what was deemed necessary for professionals to ‘personally see’ or ‘personally examine’ a patient. For example, would an examination via Skype or Zoom, or even by telephone suffice?

“The Judges concluded that ‘remote’ examinations would not do, and that detention under the Mental Health Act required a face-to-face physical meeting.

“NHS England has responded to the judgement by issuing advice that there should be no further ‘virtual assessments. Now that advice needs to be followed up with guidance on how best to carry out assessments safely.”