Section two Focus on detention issues
Uniquely in the UK, since November 2015
Scottish mental health legislation77 gives
patients in high and medium secure care
the right to apply to a tribunal for an order
declaring that they are detained in conditions
of excessive security which, if successful,
should lead to their transfer to a lower level
of security. This right previously only applied
to patients detained in the high secure State
Hospital.
There have been significant reviews78 of
secure care services in each jurisdiction
within the past decade, resulting in important
recommendations for future service delivery,
including improving the flow between
different levels of services, pathways within
the system of secure care provision, gaps in
secure care provision and configuration of
the secure estate.
Key principles
International standards set out that patients
should have the right to be treated in the
least restrictive environment and with
the least restrictive or intrusive treatment
appropriate to their health needs and to
protect the physical safety of others.79 In
1992, the Reed Report called for services
to be provided according to individual
need, near to the patient’s home or family,
as far as possible in the community but
otherwise in conditions of no greater security
than is justified, with the ultimate aim of
rehabilitation. All of these principles have
been adopted or supported in key policy
documents since.
Issues identified by NPM members
Organisation and availability of secure
services across the UK
Over the last two decades there has been a
progressive reduction in the number of beds
in high secure hospitals in the UK in favour
of expansion of medium and low secure
bed provision. However, recent reviews and
reports have highlighted that this expansion
has not been coordinated strategically and
the planning and commissioning of many
services is fragmented.80 There has been a
largely ad hoc approach to commissioning
new services, with significant differences in
what has been commissioned in different
areas leading to variations in service
provision across geographical areas and
jurisdictions. As a result, provision of care
is patchy, with very limited range in many
areas and patients unable to move around
the system as needed.
In addition, a large and increasing proportion
of medium- and low-secure services are
provided in the independent sector. While
these services will have developed in
response to identified needs, they may not
always be located in geographical areas
where needs are most prevalent. This is a
77. Mental Health (Scotland) Act 2015, s. 14–18.
78. Centre for Mental Health and National Mental Health Development Unit, 2011, Pathways to unlocking secure mental
healthcare. Northern Ireland Department of Health, 2007. Bamford Review of Mental Health and Learning Disability
(Northern Ireland). Welsh Assembly Government, 2009. A Review of Secure Mental Health Services. NHS England
mental health taskforce, 2016. The Five Year Forward View for Mental Health. In 2016–17, a Forensic Estate Group was
commissioned by the Scottish Government to review the clinical models of forensic mental health inpatient services in
Scotland.
79. UN General Assembly Resolution 49/119 ‘Principles for the Protection of Persons with Mental Illness and the Improvement
of Mental Health Care’.
80. For example, Joint Commissioning Panel for Mental Health, 2013, Guidance for commissioners of forensic mental health
services; Welsh Assembly Government, 2009, A Review of Secure Mental Health Services.
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