National Preventive Mechanism Eighth Annual Report 2016–17
that may arise from them, as well as an
inability to access them. These risks include:
• delays in accessing appropriate treatment,
which can lead to people becoming more
ill, with potential long-term consequences;
• being held in an unsuitable (including
non‑therapeutic) environment;
• excessive levels of security or excessively
restrictive environments;
• absent protections for detainees against
restrictive practices or harm;
• loss of continuity of care and a failure
to transfer information about detainee’s
needs;
• decisions about accessing pathways
being limited by availability and financial
constraints rather than the detainee’s
needs;
• systems focused on the process or
bureaucracy of the transfer rather than
the outcome;
• equality issues relating to the availability
of facilities for men and women that
affect pathways;
• distance from home.
Pathways from mental health to mental
health settings75
Mental health services in the UK are
organised nationally (Ashworth, Broadmoor
and Rampton high secure hospitals in
England and Wales, and the State Hospital in
Scotland which is also the high secure facility
for Northern Ireland), regionally (medium
secure units organised across different health
authorities) and locally (low secure hospital
care which is provided in a range of units
normally located within an individual health
board or authority area). Pathways between
these different types of services are
common and arise for a number of reasons,
which we will explore below.
Legal and policy framework
Each jurisdiction has specific legislation that
governs detention and treatment in secure
hospitals:
• Mental Health Act 1983, amended in 2007
(for England and Wales);
• Mental Health (Care and Treatment)
(Scotland) Act 2003, amended by the
Mental Health (Scotland) Act 2015;
• Mental Health (Northern Ireland) Order
1986.
The legislation in each jurisdiction provides
a framework for both the transfer of
detained patients from one part of the
UK to another and the review of patients’
detention by mental health tribunals. There
are clear pathways for professionals to
follow when deciding on transfers, and
there are regulations setting out protocols,
timescales and the roles and responsibilities
of governments in each jurisdiction.76 Final
decisions on any proposed cross border
transfers between secure care units will be
authorised at ministerial level.
75. NPM members reviewed key policy documents and legislation to provide an overview of pathways between secure
mental health settings, within and between jurisdictions. No specific fieldwork was undertaken for this project, but
data from the Mental Welfare Commission for Scotland’s themed visit to all medium and low secure wards in Scotland
between October and December 2016 informed this report. See Mental Welfare Commission for Scotland, 2017, Visit and
monitoring report: Medium and low secure forensic wards, http://www.mwcscot.org.uk/media/385624/medium_and_
low_secure_forensic_wards.pdf [accessed 11/11/17].
76. See: Mental Health Act 1983 Part VI –Removal And Return of Patients within the United Kingdom; Mental Health (Care
and treatment) (Scotland) Act 2003, S290 and regulations – Scottish Statutory Instrument 2005 No. 467, as amended by
Scottish Statutory Instrument 2017 No. 229.
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