Source · Select Committees · Justice Committee

Recommendation 20

20 Acknowledged Paragraph: 78

Severe shortage of mental health inpatient beds leads to inhumane treatment for prisoners.

Conclusion
It is inappropriate that severely mentally ill prisoners are kept in prison, sometimes in segregation. Despite the best efforts of prison staff this can result in periods of inhumane treatment. We welcome the proposal to introduce statutory time limits for transferring prisoners with acute and severe mental illness to appropriate mental health inpatient beds, but this will not solve the underlying problem which is the shortage of appropriate secure mental health inpatient facilities.
Government response summary AI-generated
The government stated it is currently reviewing the use and impact of the power that allows severely mentally ill individuals to be kept in prison and considering alternative measures to avoid harm to vulnerable defendants, without committing to specific steps to address the shortage of facilities.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference: 78
Government Response Acknowledged
HM Government · verbatim extract Acknowledged
The MoJ, HMPPS, DHSC, NHS England and NHS Improvement have a responsibility to ensure those in prison receive appropriate care in the right setting, at the right time. If a prisoner has a severe mental health need to an extent that suggests that detention under the Mental Health Act may be appropriate, they should be referred and assessed clinically to determine whether transfer to a mental health hospital is warranted. We recognise that in some cases this process takes too long and stakeholders are working together to implement revised NHS England and NHS Improvement Guidance for transfers and remissions, published in June 2021.12 We are determined to improve the referral, assessment and transfer process, and ensure unnecessary delays are reduced to ensure the best outcome for each individual. We know that this is dependent on strong collaborative efforts between MoJ, HMPPS, DHSC, NHS England and NHS Improvement. In the White Paper on Reforming the Mental Health Act,13 the Government has committed to introducing a new statutory time limit of 28 days for transfers to mental health hospitals, to be commenced once the revised NHS England and NHS Improvement guidance has been fully embedded in practice. This will be kept under review based on monthly monitoring data, and we will take stock of progress during 2022/23. The NHS Long Term Plan describes policy for mental health services which includes investment into community mental health services and alternatives to admission, to try and reduce the need for mental health inpatient care. The aim is to improve throughput across the whole pathway and consequently ensure appropriate access to mental health inpatient services when required. Additional investment in mental health services, £1bn per year by 2023/24, supports the ambition within the Long Term Plan.
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