Source · Select Committees · Justice Committee
Recommendation 15
15
Acknowledged
Paragraph: 52
Ensure adequate counselling support for victims submitting statements to Mental Health Tribunals.
Recommendation
We support the Government’s proposal to give a victim of a mentally disordered offender the right to submit a Victim Personal Statement to a Mental Health Tribunal. We recognise that there are particular sensitivities in the Mental Health Tribunal which differ from those in the prison and parole system, not least that a person who has been sectioned is deemed to lack capacity for their actions. In introducing this entitlement the Government must be mindful of the potential for retraumatisation, and the creation of unrealistic expectations if victims believe that their views might influence the tribunal’s decision. The Government should ensure that adequate counselling support is in place before rolling out this measure.
Government Response Summary
The government agreed on the importance of clear communication and support for victims submitting Victim Personal Statements to Mental Health Tribunals but will consider how to implement this effectively ahead of the new Victims’ Code publication.
Paragraph Reference:
52
Government Response
Acknowledged
HM Government
Acknowledged
21. The Government welcomes the Committee’s recognition of the differences between the Mental Health Tribunal and the prison and parole system, and the importance of supporting victims of crime in all settings. Victims of patients made subject to a hospital order with or without restrictions are eligible for His Majesty’s Prison and Probation Service’s (HMPPS) Victim Contact Scheme in the same way as victims of offenders in the prison estate. If they choose to accept this offer, they are provided with support from a Victim Liaison Officer, who will keep them informed about key updates in their case, such as informing them when the offender is being considered for release. We agree that it is important that the purpose of allowing victims to submit a Victim Personal Statement to the Mental Health Tribunal is clearly articulated to victims who are engaged in this process and that support is in place to help them navigate it. We will consider how to do this effectively ahead of publication of a new Victims’ Code.