Ministry of Justice

From WikiMentalHealth

On 9 May 2007 the Department of Constitutional Affairs was renamed the Ministry of Justice and took over, amongst other things, the Home Office's Mental Health Unit. Some articles on this site written before that date still refer to the Secretary of State for the Home Department (Home Secretary) and the Home Office, rather then the Secretary of State for Justice (Justice Secretary) and Ministry of Justice.

Mental Health Unit

The London-based Mental Health Unit is responsible for carrying out the Justice Secretary's functions under Part 3 of the Mental Health Act 1983 and the Criminal Procedures Legislation. The Unit is only concerned with restricted patients. Perhaps confusingly, some psychiatric hospitals are sometimes also called mental health units.

Decisions are made by civil servants (caseworkers and their supervisors). An idea of how they operate can be obtained from reading one of the "bulletins" in the list of external links below. In general they make their decisions having considered written reports received from the treating team and/or recommendations from the Mental Health Review Tribunal, and very occasionally a caseworker might attend a hospital meeting.

The following actions require the Secretary of State's consent:

• Leave of absence under s17 (although escorted or unescorted ground leave can be granted without his consent).

• Transfer to another hospital under s19.

• Discharge from section under s23 (although the MHRT are empowered to discharge without his consent).

The following are some of the Secretary of State's powers:

• To remove the restrictions (s42(1)), leaving the patient as if he had been made an unrestricted patient on the date the restrictions ceased (s41(5)).

• To grant either a conditional discharge or an absolute discharge (s42(2)).

• To recall a conditionally discharged patient to hospital so that he becomes a restricted patient once again (s42(3)).

• To transfer a serving prisoner from prison to a hospital (s47), with or without restrictions (s49), and to transfer him back to prison when appropriate.

Other responsibilities

The Ministry of Justice also sponsors the following executive agencies:

• The Tribunals Service, including the Mental Health Review Tribunal;

• Her Majesty's Court Service;

• The Office of the Public Guardian (see Mental Capacity Act 2005);

• The Parole Board (for the time being)

External links

New MHU website

New MHU website

On 20/9/08 the MHU website had the following documents:

Bulletins

11.06.2008 – MHU Bulletin Special Edition

Handling of supervisors' reports on CD patients.

11.06.2008 – MHU Bulletin 4

MHU website; s.17 leave; absolute discharge; quality assurance; survey.

18.03.2008 – MHU Bulletin 3

Transfer from prison to hospital; remission to prison; guidance to supervisors on completing the CD report pro forma.

24.10.2007 – MHU Bulletin 2

Recall policy; arrangements for considering requests for s.17 leave over Christmas; circumstances in which our out of hours service should be used.

20.08.2007 – MHU Bulletin 1

Mental Health Act 2007; conditional discharge by the Secretary of State.

Forms

05.09.2008 – Conditional discharge report pro forma

Form to be used for regular reports on CD patients. Revised format.

24.07.2008 – Remission pro forma

For completion by RMOs when recommending remission to prison.

18.03.2008 – Leave application form

New form to be used in requesting leave for detained patients.

18.03.2008 – Completed leave report

Amended form to be used in reporting on completed leave.

06.11.2007 – Trial leave and transfer application forms

Changes to the procedure for applying for trial leave and full transfer to alternative hospitals.

Guidance

18.03.2008 – Leave guidance for RMOs

Shortened guidance for RMOs on making leave applications.

??.03.2008 – Guidance for the courts

Mental Health Act 2007: guidance for the courts on remand and sentencing powers for mentally disordered offenders.

06.11.2007 – Trial leave and transfer application

Changes to the procedure for applying for trial leave and full transfer to alternative hospitals.

01.06.2007 – Guidance for social supervisors

Guidance on the supervision and aftercare of conditionally discharged patients.

11.01.2007 – Repatriation advice

Guidance on the repatriation of foreign national restricted patients.

01.06.2006 – Guidance for supervising psychiatrists

Guidance on the supervision and aftercare of conditionally discharged patients.

02.09.2005 – Guidance for clinicians

Duties to victims under the Domestic Violence, Crime and Victims Act 2004.

21.04.2005 – Home Office Circular 24/05

Changes to the arrangements for defendants found unfit to plead or not guilty by reason of insanity, under the Domestic Violence, Crime and Victims Act 2004.

01.10.1997 – Home Office Circular 52/97

Guidance on the Crime (Sentences) Act 1997.

Ministry of Justice website

Publications relating to the Mental Health Unit can generally be found on the NOMS (National Offender Management Service) section of the Ministry of Justice website. They continually change the location of documents on its website, so the chances are that many of the links below will cease to work. Please amend this page if necessary.

Ministry of Justice home page

NOMS Publications section of MoJ website - "Mental Health Act" as search term

NOMS Publications section of MoJ website - all publications

Selected documents from the above site (click on the links above to check for updates and for other documents):

• Mental Health Unit Bulletin 2 - October 2007

• Contact list June 2007 - with email addresses (click on the caseworkers' names)

• Trial leave transfer changes letter - 20 August 2007 - "This letter explains changes to the procedure for applying for trial leave and full transfers to alternative hospitals."

• Mental Health Unit Bulletin - 20 August 2007 - "Latest news from the Ministry of Justice's Mental Health Unit"

• Guidance on the Mental Health Review Tribunal - 31 May 2007 - "Guidance agreed between the Home Office (now Ministry of Justice), Department of Health, the MHRT Regional Chairmen and the liaison judge. It sets out the various roles and responsibilities of those involved in Mental Health Review Tribunals for restricted patients in England and Wales, so that all parties are aware of both their obligations and the level of service they can expect from each other."

• Advice on the repatriation of foreign national restricted patients - 11 January 2007 - "Advice from the Mental Health Unit's casework manager on what Responsible Medical Officers should consider when dealing with a foreign national restricted patients."

• Mentally Disordered Offenders: Inter-Agency Working - 7 September 2001 - "Information about the government's policy regarding prosecution of mentally disordered offenders."

• Guidance for Supervising Psychiatrists - Supervision and aftercare of Conditionally Discharged Restricted Patients - 9 February 2004 - "These notes are for the guidance of psychiatrists who take on the role of supervising psychiatrist to a restricted patient subject to a conditional discharge."

• Home Office Circular on Inter-Agency Working (hoc 12/95) - 9 May 1995 - "This Circular supplements Home Office Circular 66/90, about the provision within the criminal justice system and the health and social services for mentally disordered suspects or offenders, which was issued in September 1990."

• Guidance for Social Supervisors - Supervision and aftercare of Conditionally Discharged Restricted Patients - 14 December 2001 - "These notes are for the guidance of social workers and probation officers."

• Home Office Circular 5297 - 30 July 2007 - "Guidance on the amendments made by the Crime (Sentences) Act 1997 to the Mental Health Act 1983."

• Guidance for responsible medical officers - leave of absence for patients subject to restrictions - 30 July 2007 - "Under the Mental Health Act 1983, responsible medical officers (RMOs) need the Home Secretary’s consent before granting leave from hospital to detained restricted patients. The role of the Home Office in the management of restricted patients is to protect the public from serious harm."

• Pro-forma for reports on conditionally discharged restricted patients - 30 July 2007

Home Office website

Home Office MHRT Guidance October 2004 (when the MHU was part of the Home Office). See newer guidance above.