High Court to consider lawfulness of remote mental health assessments before renewals of hospital detention renewals, guardianship and community treatment

The High Court is to determine whether examinations undertaken by medical practitioners before recommending renewed detention in hospital under the Mental Health Act (MHA) 1983 can be carried out remotely.

According to barristers’ chambers 11KBW, the case, expected to be heard in the October term, is a “successor case” to Devon Partnership NHS Trust v Secretary of State for Health and Social Care [2021] EWHC 101 (Admin).

The Divisional Court in Devon found that under the MHA 1983, the phrases “personally seen” and “personally examined” require the physical attendance by the approved mental health professional and s.12 doctor on the patient when an assessment is being carried out for detention under the Act.

In the successor case, the issue is whether the conclusion in Devon applies to “similarly worded but different provisions in the Act” concerning hospital detention renewals, renewals of guardianship, and renewals of Community Treatment Orders (CTO's), 11KBW said.

Tom Cross of 11KBW is acting for the Secretary of State for Health and Social Care.

Fenella Morris KC of 39 Essex Chambers, instructed by Becky Fitzpatrick of Browne Jacobson, acts for the Claimant Trust, and Victoria Butler-Cole KC, also of 39 Essex Chambers, acts for NHSE.