MHRT for Wales and coronavirus: Difference between revisions

Latest revision as of 21:28, 25 November 2021

The Welsh tribunal, including its composition, is governed by the provisions of MHA 1983 sched 2 so amendment to legislation was necessary (in England it just required new rules and PDs).

Welsh tribunal coronavirus PD. Practice Direction: MHRT for Wales: Coronavirus COVID-19 (2/10/20) — This practice direction sets out the procedure for a period of 6 months, in the same terms as the March 2020 version. (1) During the pandemic, preliminary medical examinations will not be "practicable" owing to health risk. (2) Hearings will be held by telephone or video, unless dispensed with entirely (when a hearing would be impractical or involve undesirable delay, sufficient evidence is available to decide without a hearing, and this would not be detrimental to the health of the patient). (3) Tribunals will continue ordinarily to comprise three members, unless this is impractical or would involve undesirable delay, in which case a legal member may sit alone or with one other member.

Previous version: Practice Direction: MHRT for Wales: Coronavirus COVID-19 (30/3/20)

Commencement orders • Coronavirus legislation. Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020 — This brings into force: (1) paragraphs 11, 12 and 13 of schedule 8, removing the need for three panel members and making other changes to MHRT for Wales procedure, on 27/3/20; (2) some of schedule 12, removing and modifying certain duties under the Social Services and Well-being (Wales) Act 2014, on 1/4/20.
Video hearing. Serjeants' Inn, 'Emma Sutton appears in a successful application concerning mental health patients' rights to have their cases heard via video conferencing in Wales as opposed to via telephone' (27/5/21) — This relates to the first video hearing in Wales, in May 2021, and a subsequent trial of various video platforms.

INFORMATION

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-*Nothing has been published (as of 25/3/20) but it understood that hearings are being postponed or being held by telephone by the usual panel of three. As in England, the [[Mental Health Review Tribunal for Wales Rules 2008|Welsh tribunal rules]] allow for hearings by video link or telephone, and pre-hearing medical examinations "so far as practicable". Unlike in England, a rule change would be needed to allow for disposal of proceedings without a hearing, and primary legislation would be needed to change panel composition (as Welsh tribunal composition is set out in [[MHA 1983 sched 2]]). Update: here is that legislation:
+See also: [[Coronavirus resources#Newer resources]]
-**{{lsum|Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020}}
+The Welsh tribunal, including its composition, is governed by the provisions of [[MHA 1983 sched 2]] so amendment to legislation was necessary (in England it just required new rules and PDs).
+*{{rsum|Practice Direction: MHRT for Wales: Coronavirus COVID-19 (2/10/20)}}
+:*Previous version: [[Practice Direction: MHRT for Wales: Coronavirus COVID-19 (30/3/20)]]
+*{{lsum|Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020}}
+*{{rsum|Serjeants' Inn, 'Emma Sutton appears in a successful application concerning mental health patients' rights to have their cases heard via video conferencing in Wales as opposed to via telephone' (27/5/21)}}
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