Conditional discharge resources
This page will contain links to resources which should be useful for those dealing with conditionally discharged patients.
See also
- Section 37/41: hospital order with restrictions
- Sections 47, 48 and 49: transferred prisoners. Transferred prisoners who were granted technical lifer status get conditionally discharged rather than released on life licence.
- Ministry of Justice.
Residence conditions
The MOJ's approach when patients lack residence conditions is set out in Colin Harnett, 'Changing discharge conditions - residence' (Dear Colleague letter from Head of Mental Health Casework Section, 17/12/15).
Deprivation of liberty
In SSJ v MM [2018] UKSC 60 the Supreme Court decided that conditions can't authorise deprivation of liberty.
Subsequently, HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019) set out a policy intended to help patients remain in the community using either MCA 2005 authorisation or extended s17 leave.
MAPPA
The main MAPPA guidance is currently HMPPS, 'MAPPA Guidance' (August 2024).
The MOJ's MHCS published Mental Health Casework Section, 'Multi-Agency Public Protection Arrangements (MAPPA) and the Restricted Patient System' (February 2021)
See also: MAPPA.
Getting discharged
The tribunal's discharge power is in MHA 1983 s73.
The Secretary of State for Justice's discharge power is in MHA 1983 s42. The MOJ's MHCS guidance on this is Mental Health Casework Section, 'Guidance: Section 42 Discharge' (March 2022).
To add to MHLO
Need to add pages for and summarise these resources:
- To do: 22/01/25 — Mental Health Act Restricted Patients and Conditional Discharge: Practice Considerations https://static1.squarespace.com/static/5bbb8206af4683ee4fa3c43f/t/62f20cb633a00e737403ea4b/1660030138486/2022+08+07+MM+Practice+Guidance+Version+2+FINAL.pdf via https://mhforum.org.uk/publications
- To do: 22/01/25 — Social supervision conditional discharge - NHS e-learning https://learninghub.nhs.uk/catalogue/Social-supervision-conditional-discharge
- To do: 22/01/25 — Planning Social Supervision Webinar-20240614_093804-Meeting Recording https://vimeo.com/969829219?share=copy
- To do: 22/01/25 — ADASS The Social Supervision Toolkit https://www.nwadass.org.uk/download/the-social-supervision-toolkit/ via https://www.nwadass.org.uk/resources
- To do: 22/01/25 — People Conditionally Discharged - Leaflets https://advocacyfocus.org.uk/resource-hub/#block6
- To do: 28/10/23 — https://www.gov.uk/government/publications/conditionally-discharged-restricted-patient-report 26 July 2023 Updated Conditional discharge report form
- To do: 01/09/18 — IMH Blog (Nottingham) - Community Treatment Orders and Conditional Discharge in the Court of Appeal - Maybe overtaken by events and no need to add.
INFORMATION
What links here:
- SSJ v MM [2018] UKSC 60
- HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)
- Mental Health Casework Section, 'Multi-Agency Public Protection Arrangements (MAPPA) and the Restricted Patient System' (February 2021)
- Mental Health Casework Section, 'Guidance: Section 42 Discharge' (March 2022)
- Colin Harnett, 'Changing discharge conditions - residence' (Dear Colleague letter from Head of Mental Health Casework Section, 17/12/15)
- HMPPS, 'MAPPA Guidance' (August 2024)