Source · Select Committees · Justice Committee
5th Report - Mental health in prison
Justice Committee
HC 72
Published 29 September 2021
Recommendations
12
Deferred
Para 53
Review mental health services specification for competent professional screening of prisoners
Recommendation
The NHS should review its mental health services specification so that mental health screening is always carried out by a competent mental health professional with experience of the criminal justice system.
Government Response Summary
The government's response details the support mechanisms available for HMPPS staff wellbeing, including access to therapies for trauma, reflective sessions, and a specialist 'Post Covid Syndrome' service. It does not address the recommendation for the NHS to review its mental health services specification for prisoner screening.
Ministry of Justice
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15
Deferred
Para 62
Develop and establish regular refresher training for staff on identifying prisoner mental illness
Recommendation
HMPPS should (with the Royal Colleges and other experts in the field of prison mental healthcare) develop training for prison officers and other operational staff on how to identify mental illness and how to support and signpost prisoners to treatment. …
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Government Response Summary
The government committed to automatically transferring health records between community and prison health services for the male estate by April 2023 and the female estate by the end of 2023, rather than committing to specific training for prison officers.
Ministry of Justice
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31
Deferred
Para 98
Establish viable alternatives to eliminate prison as a place of safety by March 2022.
Recommendation
The Government must, as a matter of urgency, see through its proposal to establish viable alternatives so that prisons are no longer used as a place of safety under the Mental Health Act 1983. We recommend that the Department of …
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Government Response Summary
The government confirms its commitment to ending the use of prison as a place of safety, but rejects the immediate target, instead establishing a working group to understand the complex issues and develop a cross-departmental response by September 2022.
Ministry of Justice
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33
Deferred
Amend Bail Act 1976 by March 2022 to end remands for protection or welfare.
Recommendation
The Government should bring forward legislation by 31 March 2022 to amend the Bail Act 1976 so that it is unlawful to remand anyone to custody simply for their own protection or welfare. (Paragraph 104) 32 Mental health in prison
Government Response Summary
The government states it is currently reviewing the use of the power to understand its impacts and alternatives, indicating they will not bring forward legislation by the recommended deadline of March 2022.
Ministry of Justice
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Conclusions (7)
8
Conclusion
Deferred
Para 43
Too many offenders are imprisoned because community orders with mental health treatment requirements are unavailable in many areas. The Government’s target that community orders with mental health treatment requirements should be available across 50% of England and Wales by 2023 is insufficiently ambitious. It is unacceptable that in many parts …
Government Response Summary
The government's response focuses on existing NICE guidance and service specifications for mental health screening, assessment, and treatment within prisons. It does not address the availability or ambition of community orders with mental health treatment requirements as an alternative to prison.
9
Conclusion
Deferred
Para 44
The MoJ and the NHS should accelerate plans to increase the availability of Community Sentence Treatment Requirement orders, so these orders are available options for sentencers in all parts of England and Wales by 31 March 2023.
Government Response Summary
The government's response focuses on tackling racial disparity in mental health services, mentioning a National Mental Health Needs Analysis that includes ethnicity. It states this will inform service specification reviews to reduce health inequalities, but does not address the recommendation to accelerate the availability of Community Sentence Treatment Requirement orders.
13
Conclusion
Deferred
Para 54
The NHS should accelerate its work to understand why there is a racial disparity in identifying mental health issues in prison and implement a solution.
Government Response Summary
The government's response addresses delays in transferring prisoners with severe mental health needs to hospitals, stating revised NHS England and NHS Improvement Guidance was published in June 2021. It commits to a new statutory 28-day time limit for transfers once the guidance is embedded, with progress to be monitored monthly. It does not address the recommendation regarding racial disparity in identifying mental health issues in prison.
14
Conclusion
Deferred
Para 61
Prison officers and other operational staff play a vital role in identifying and supporting prisoners who need mental healthcare and signposting prisoners to this treatment. Having the time to talk to and listen to prisoners is a key part of this, particularly those with difficulties absorbing written information due to …
Government Response Summary
The government describes ongoing work by NHS England and MHCS to monitor and improve the timeliness of transfers of prisoners with mental health issues to hospitals, including data analysis and targeted interventions, but does not address training or time for prison officers.
19
Conclusion
Deferred
Para 63
HMPPS should build on its existing management guidance and occupational health services to increase its support for the mental well-being of those who work in prisons.
Government Response Summary
The government's response addresses its commitment to ending the use of prison as a place of safety for individuals with severe mental health issues and details the establishment of a cross-departmental working group to understand this issue and make recommendations by September 2022, unrelated to staff mental well-being.
30
Conclusion
Deferred
Para 97
We welcome the proposal in the Mental Health Act Reform white paper to end the use of prison as a ‘place of safety’ and the recognition that this must be supported by investment in alternatives. Problems with access to emergency mental health services (including a shortage of beds on general …
Government Response Summary
The government confirms its commitment to ending the use of prison as a place of safety and to legislate via the Mental Health Act Reform Bill, but states a cross-departmental working group is being established to fully understand the issue and develop a response by September 2022.
32
Conclusion
Deferred
The Courts use the provisions in the Bail Act 1976 to remand people to prison for their own protection or welfare only because proper alternatives in the community are not available. We are concerned about the lack of safeguards under this provision, the length of time men, women and children …
Government Response Summary
The government acknowledges the need to consider impacts of repealing this power and states they are currently reviewing its use and alternatives to prevent vulnerable defendants from harm.