Legal News

Justice Secretary Chris Grayling in considering plans to treat prisoners with mental health conditions inside specialist prison mental health units.

The Telegraph reports that a consultation on the proposal will be launched in November.

Acute care mental health patients in prisons are usually moved to secure units or hospitals such as Rampton or Broadmoor.

Mental health budget cuts have placed a strain on some acute care hospitals, however, with mental health beds being cut or services merged within an area.

In some regions, health trusts may have to send mental health patients to an acute care unit out of the area – some acute care mental health patients have been sent hundreds of miles because of shortages in beds.

Mr Grayling has said that the justice system will aim to provide the same care to a prisoner who has a mental health condition as a mental health patient would receive under the NHS.

Mental health patients who are convicted of a crime can be treated at hospitals and released after treatment. However, in some cases violent prisoners with a history of severe mental health issues have been released or considered for release after treatment, instead of being transferred from hospital to a secure prison which can offer specialist mental health care.

Building mental health units in prisons would enable the Prison Service to transfer prisoners with mental health issues between prison and the facility if they reach a crisis. However, some criminal justice experts have questioned how the units would be staffed.

The five-month consultation followed a meeting last week between the Home Office and mental health experts. It is reported that three mainstream prisons could be chosen to pilot the scheme.

Mr Grayling said:

“I want to see prisoners getting support that is every bit as good as that which they would receive from the NHS in the community.

“We will explore the best way to deliver this, which could include specialist centres for mental health within our criminal justice system.”

However, the former assistant general secretary at the probation union, Napo, said that the units might be “difficult to manage”.

Harry Fletcher is now director of Digital-Trust, a charity which campaigns against online abuse. Mr Fletcher said:
“Plans to open mental health units in prisons will be very controversial – you can only treat someone compulsorily in a hospital, so it will need a change in the law.

“The units will also be difficult to manage because of the volatile nature of this group of prisoners.

“However, it is of great concern that some murderers deemed mentally ill can serve such very short sentences …this needs to be addressed in any consultation.”

Duncan Lewis Mental Health Solicitors

Duncan Lewis mental health solicitors regularly visit police stations, prisons and hospitals to advise on mental health law, including access to services and detention under the Mental Health Act.

Duncan Lewis is the UK’s largest provider of Legal Aid mental health services and Duncan Lewis mental health solicitors are available for short-notice appointments nationwide.

For expert legal advice on mental health law, call the Duncan Lewis Mental health Solicitors Helpline on 0203 114 1124.