Table 4.

Summary as to whether the usual scrutiny by quality assurance agencies is sufficient during times of emergency legislation.

For England & Wales - none of the above quality assurance agencies has a remit for regulating the Approved Mental health Professionals decision making under the MHA and scrutinising whether the CVA 2020 provisions or the usual provisions under the MHA 1983 are being used appropriately.

For Scotland - the MWC requires practitioners to detail where any modifications have been used in statutory forms. It has also established a ‘scrutiny group’, made up of key stakeholders from the statutory and third sector that would be operationalised should the measures under CVA 2020 be commenced (MWC, 2020). Scottish Ministers are also required to review and report on the operation of the provisions of the CVA 2020, the CV(S)A 2020 and the CV(S)(No.2)A 2020 every two months.

For Northern Ireland -.the Health and Social Care Trusts are required to monitor and evaluate the appropriateness, on a case by case basis, of each use of the relevant modifications to the MH(NI)O , 1986 and the MCA(NI) , 2016 and then provide a report of every use and its appropriateness to the Department of Health (NI) within a set time