National Preventive Mechanism Eighth Annual Report 2016–17
Account from a forensic psychiatrist
A forensic psychiatrist interviewed by
HMI Prisons related the story of a patient
who had been under her care in prison.
The man had been seen by the liaison
and diversion worker at court who
recommended admission to a mental
health hospital, but the judge remanded
the man to prison. After three days at the
receiving prison the man was relocated
to the ‘inpatient’ unit. The forensic
psychiatrist made a referral for a possible
low secure hospital placement and
established that the Psychiatric Intensive
Care Unit was unwilling to take him. Low
secure staff assessed the patient six days
after referral and accepted him for transfer
20 days after referral but indicated that
a bed was unlikely to be available for
another month. While in the inpatient unit
the patient was regularly on three-officer
unlocks. Forty days after first referral the
man appeared in court once again, but
this was a different court with no liaison
and diversion service. The man was
given unconditional bail and allowed to
leave the court. The attempt to transfer
the man for mental health assessment
and treatment had failed. Because of
the safety precautions indicated for this
detainee while in prison, the prison mental
health team were concerned for his safety
and the safety of others in the community
due to his untreated behaviours.
Conclusion
It is of particular concern to the NPM that
the failure to effect transfers efficiently can
cause deterioration in prisoners’ well-being.
The evidence gathered by NPM members
makes clear that the problems with transfers
between prisons and secure hospitals
identified over the last decade, not least in
the Bradley Report, have not gone away. In
fact, analysis by HMI Prisons of its inspection
recommendations shows a year-on-year
increase in the proportion of inspections in
which recommendations are made about
Mental Health Act transfers. Though this data
should be treated with caution because HMI
Prisons inspects different prisons every year,
it is notable that in 2016–17, HMI Prisons
made a recommendation to improve the
timeliness of transfers in more than half
(56%) of its published inspection reports.
The lack of public and comparable data,
particularly from Scotland, Northern Ireland
and Wales, makes it difficult to analyse the
extent of the problem across the UK.
The NPM welcomes recent scrutiny of these
issues by the National Audit Office (NAO),
the Joint Committee on Human Rights ( JCHR)
and the Committee for the Prevention of
Torture (CPT). All agree that the current
recommended 14-day target is not being
met and that this requires review. They made
the following specific suggestions:
• that a legal maximum time between
the diagnosis and transfer of detainees
requiring care in a secure hospital should
be introduced ( JCHR);
• that the MoJ and NHS England should
routinely report how many prisoners are
waiting to be transferred (NAO);
• that all patients transferred from prison
should automatically trigger a review by
the Mental Health Tribunal of the transfer
measure.126
126. Council of Europe, 2017, Report to the Government of the UK on the visit to the UK carried out by the European CPT from
30 March 10 to 12 April 2016, paragraph 176, https://rm.coe.int/168070a773 [accessed 13/11/17].
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