Source · Select Committees · Human Rights (Joint Committee)
Recommendation 29
29
Accepted in Part
The Bill should be amended to ensure that conditions depriving a restricted patient of their...
Recommendation
The Bill should be amended to ensure that conditions depriving a restricted patient of their liberty are reviewed by the Mental Health Tribunal promptly and regularly In particular, the Secretary of State should refer the restricted patient’s case to the tribunal after 6 months (unless the case has already been considered) and every restricted patient subject to deprivation of liberty conditions should have their case reviewed every 12 months. 57 A proposed amendment to achieve this is set out in the Appendix. The Government must also ensure that full and detailed guidance is issued on the use of conditions that amount to a deprivation of liberty. (Recommendation, Paragraph 156) 58
Government Response Summary
The government rejects the specific recommendation for restricted patient cases to be referred to the Mental Health Tribunal after 6 months and reviewed every 12 months, but fully accepts and details plans to issue full and detailed guidance on deprivation of liberty conditions.
Government Response
Accepted in Part
HM Government
Accepted in Part
We agree with the Committee that this power must only be used when necessary due to the level of restriction imposed on the individual, and the extent of supervision these patients may be subject to. Therefore, this cohort of patients will have more safeguards in place compared to other restricted patients, which include more frequent access and automatic referral to the Mental Health Tribunal. However, we are not accepting the recommendation for the following reasons. In reaching the appropriate frequency of tribunal access, careful consideration has been given to finding the correct balance between providing scrutiny on this restrictive form of discharge, and the clinical needs of this cohort. Many of these patients are unlikely to be suitable for absolute discharge, owing to the enduring nature of their mental disorders and their associated risk profiles. Therefore, increasing the frequency of Tribunal reviews further could risk causing distress and negatively impact on the clinical stability and wellbeing of this cohort. We fully agree with the Committee on the importance of full and detailed guidance and that’s why we’re taking several measures to deliver this. The Mental Health Casework Section, who discharge the Justice Secretary’s functions under Part 3 of the MHA, are producing detailed guidance setting out the circumstances in which the Justice Secretary will make use of this power, and will monitor its use after the power has commenced. His Majesty’s Court and Tribunal Service are also preparing complementary guidance and training to ensure the Mental Health Tribunal are prepared to hear these patients’ cases. The Justice Secretary also has the power to direct patients to the Mental Health Tribunal to provide further independent scrutiny on an ad hoc basis in addition to regular automatic referrals which will ensure that any patient that does not apply to the Tribunal still has their case heard.