Recommendation 26

HM Government Accepted

The mental health of a prisoner is monitored throughout their sentence, not just around the time of their parole. However, HMPPS has work in train to improve how prisoners with mental health issues are supported when they are coming up for parole. For those prisoners who have mental capacity issues the agency is introducing a formal process to identify and access support, including legal representation, during their parole or recall review process. This work outlines the requirement for prisons and the Probation Service to identify where there are concerns about a prisoner’s mental capacity, contribute to a case discussion which supports HMPPS practitioners to navigate the mental capacity process, and identify where mental capacity assessments should be commissioned. For the small number of parole eligible restricted patients who have been detained in hospital for mental health treatment, their discharge is dependent on both a positive tribunal decision and a positive parole decision. Historically many patients have faced delays and the wait between the two processes could be lengthy. Professor Sir Simon Wessely raised this issue in his review of the Mental Health Act and it was addressed in the Government’s response. On 1st November 2021 the Mental Health Streamlining Pilot was launched with the aim of ensuring these patients receive an expedited review of their suitability for release into the community. The pilot will run for a 12-month period and will be reviewed at the 6-month and 9-month milestone points, allowing for any adaptations to be made if necessary. We believe approximately 35/40 cases per year will fall under the criteria for the new pilot process.