Recommendation 21

HM Government Acknowledged

In addressing this recommendation, and the concerns of MIND (in Paragraph 91), the Government would like to assure the Committee that the temporary modifications to the Mental Health Act 1983, allowed for by the Coronavirus Act 2020, were designed to only be used if the mental health sector was experiencing unprecedented resource constraints resulting from the pandemic. During the six-month debate in the House of Commons on 30 September, the Secretary of State for Health and Social Care announced the removal of the Mental Health Provisions under Section 10 (Schedule 8) in their entirety in relation to England. The provisions relating to patients involved in the criminal justice system will also be removed in Wales. The regulations have been laid before both Houses and debated in Commons on 18 November and Lords on 25 November. These provisions have not been required due to the commitment and resilience of NHS staff and a number of adaptations that have been made. Adaptions include legal guidance which sets out how the Act’s Code of Practice can be interpreted during this period (such as the delivery of statutory forms electronically and use of video technology for medical assessments). As a result, the Government believes it is appropriate to remove them so that it is clear to patients, carers, staff and stakeholders that they will not be used. The Government notes the representation made by Mind about this matter as contained in paragraph 90 of the report. This appears to refer to provisions of the Act that enable easements to the Care Act, to help local authorities to meet the most urgent and acute needs for COVID-19 related increased demand on social care services and reduce workfoce due to illness and isolation. Currently no local authorities are operating under easements. Over the entire life of the Act, a total of 8 local authorities out of 151 with social service responsibility have used easements to ensure they are able to meet the most urgent and acute care and support needs. DHSC continues to work with Think Local, Act Personal (TLAP) and the Association of Directors of Adult Social Services (ADASS) to understand the impact on individuals of the changes to Care Act 2014 duties. TLAP published a report in September (https://www.thinklocalactpersonal.org.uk/_assets/TLAP-TIG- report-on-Covid-19.pdf) which noted that there is insufficient evidence to attribute any change in care and support to Care Act easements. ADASS conducted work on lessons learned with the DASSs of local authorities who have operated under easements as well as local authorities who did not use easements. The report notes that only a small number of easements were utilised to ease the pressures of increased demand by local authorities which faced an immediate crisis. The powers under Schedule 21 to the Coronavirus Act allow for potentially infectious people to be screened and assessed, if there is a risk that the person may be infected with coronavirus and may spread it to others. These provisions are within the Act in order 14 Fifth Special Report of Session 2019–21 to protect the health of not only the person but in order to maintain public health. The powers under schedule 21 are essential for controlling the spread of the virus in the longer term, when we can pinpoint an outbreak to a specific person(s). As of 24 November, Public Health Officer powers have been used ten times. It could be very useful if a more stringent border regime were introduced as it applies without exemption. Powers under Schedule 22 allow prohibition and/or restriction of gatherings, events and premises. As of 24th November, the UK Government has not exercised the powers conferred through this provision. The lockdown regulations (The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020)—made under the Public Health (Control of Disease) Act 1984—have been used to restrict gatherings. As with Schedule 21, we expect increased usage of the powers towards the latter part of the pandemic lifespan.