From Mental Health Law Online
The Department of Constitutional Affairs was, in May 2007, renamed the Ministry of Justice and took over, amongst other things, the Home Office's Mental Health Unit, which is now part of the Public Protection and Mental Health Group.
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. In November 2009 the Mental Health Unit became the Mental Health Casework Section; along with the Public Protection Casework Section and other sections, it is now part of the Public Protection and Mental Health Group. Some articles still refer to the Mental Health Unit rather than the new term Mental Health Casework Section.
Public Protection & Mental Health Group
Mental Health Casework Section
See Ministry of Justice involvement in restricted cases for details and some external resources.
Public Protection Casework Section (PPCS)
Contact details are not in the public domain but the following can be obtained directly:
- Contact list for staff in the Public Protection Casework Section (PPCS);
- Spreadsheet containing the contact details of all PPCS pre-release team caseworkers and their equivalents in the Parole Board. This list has been designed to help you to identify which caseworkers serve a particular establishment and also contains details of team leaders and administrative support officers;
- Organisation chart showing the current structure of PPCS.
Other MoJ responsibilities
The Ministry of Justice also sponsors the following executive agencies:
- The Tribunals Service, including the Mental Health Tribunal;
- Her Majesty's Court Service;
- The Office of the Public Guardian (see Mental Capacity Act 2005);
- The Parole Board
The MoJ internet addresses have changed frequently over the years - the links below need to be tidied up too.
- 'Mentally disordered offenders' section of MoJ website (current, at time of writing). The MHCS documents have changed location about once a year, but currently the MHCS documents are located on this section of the MoJ website
- Mental health casework section contact list. This is the current version (at time of writing) although the out-of-date version is still elsewhere on the MoJ website
- Ministry of Justice National Offender Management Service and Department of Health, 'Working with personality disordered offenders: A practitioners guide' (January 2011)
- Ministry of Justice, 'Memorandum to the Justice Select Committee: Post-Legislative Assessment of the Mental Capacity Act 2005' (Cm 7320, October 2010) - 28/10/10
- Mental health courts featured on Radio 4 - 23/9/10
- Court experiences of adults with mental health conditions or learning disabilities - 20/7/10 - "In-depth interviews were conducted with people with mental health conditions, learning disabilities and limited mental capacity, who had been victims or witnesses in criminal proceedings, or parties in civil or family law cases. Carers, court staff and other key stakeholders also took part."
- Access to Justice: a review of the existing evidence of the experiences of adults with mental health problems - published May 2009
- Unified courts and tribunals service, 24/3/10 - "The Chancellor of the Exchequer announced in the Budget today that the Ministry of Justice will be moving to bring together Her Majesty’s Courts Service and the Tribunals Service into a new, single organisation."
- Ministry of Justice, 'Mental Health Casework Section Guidance - Section 17 leave' (22/4/14). Word and PDF versions available.
- Ministry of Justice, 'Change in presumption: Informing victims of restricted mental health patients about community leave, from 22 April 2014' (letter to MHCS Stakeholders, 22/4/14). This letter begins: "As a result of a Ministerial commitment, as of 22 April 2014, victims of restricted mentally disordered offenders, who have opted in to the Victim Contact Scheme, will be told if permission for community leave is granted by the Secretary of State unless there are exceptional reasons why they should not be told."
- 17.02.2009 – MHU Bulletin 6 - New database and caseworking system; office closures over Easter; prison transfers; last-minute transfers
- 03.12.2008 – MHU Bulletin 5 - Training for supervisors; MHU Open Days; patient details in CD reports which are emailed.
- 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.
- 01.04.2008 – Leave application form NB. The following paragraph is ambiguous, for reasons given above: "Please note that any leave taking place outside the designated security perimeter of the named unit/hospital/ward requires Secretary of State approval UNLESS the hospital has a current agreement with the Mental Health Unit specifically devolving agreement to the Responsible Clinician." - New form to be used in requesting leave for detained patients.
- 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.
- 18.03.2009 –Guidance for clinical supervisors - Revised guidance on the supervision and aftercare of conditionally discharged patients.
- 18.03.2009 – Guidance for social supervisors - Revised guidance on the supervision and aftercare of conditionally discharged patients.
- 04.02.2009 – Recall policy - Note setting out Home Office (now Ministry of Justice) policy on recall.
- 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.
- 11.01.2007 – Repatriation advice - Guidance on the repatriation of foreign national restricted 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.
- NOMS Publications section of MoJ website - "Mental Health Act" as search term
- NOMS Publications section of MoJ website - all publications
- 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 MHRT Guidance October 2004 (when the MHU was part of the Home Office). See newer guidance above.