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The London-based Mental Health Casework Section of the MOJ is responsible for carrying out the Justice Secretary's functions under Part 3 of the Mental Health Act 1983 and related legislation. It is only concerned with [[restricted patients]]. Decisions are made by civil servants (caseworkers and their supervisors). In general they make their decisions having considered written reports received from the treating team and/or recommendations from the Mental Health Tribunal, and very occasionally a caseworker might attend a hospital meeting.

==See also==
*<span class="plainlinks">[https://www.mentalhealthlaw.co.uk/Special:Drilldown/Resources?Organisation=Mental+Health+Casework+Section All resources in the MHLO database with the organisation "Mental Health Casework Section"]</span>
*<span class="plainlinks">[https://www.mentalhealthlaw.co.uk/Special:Drilldown/Resources?Organisation=Ministry+of+Justice All resources in the MHLO database with the organisation "Ministry of Justice"]</span>

==Name changes==
The Department of Constitutional Affairs was, in May 2007, renamed the Ministry of Justice. The Ministry of Justice took over, amongst other things, the Home Office's Mental Health Unit.

In November 2009 the Mental Health Unit became the Mental Health Casework Section; along with the Public Protection Casework Section and other sections, it became part of the Public Protection and Mental Health Group, which later became the Safer Custody and Public Protection Group. In 2017/18 it is called the HM Prison and Probation Service (HMPPS) Mental Health Casework Section.

==Role in restricted cases==
The following actions require the Secretary of State's consent:
* Leave of absence under [[s17]]. Note that permission is not required for hospital ground leave unless a specific hospital unit/ward has been specified in the hospital order (or equivalent) which led to the admission: see [[Power to specify hospital units]] for details. 
* Transfer to another hospital under [[s19]].
* Discharge from section under [[s23]] (although the [[MHT]] are empowered to discharge without consent).

The following are some of the Secretary of State's powers:
* To remove the restrictions ([[s42]](1)), leaving the patient as if he had been made an unrestricted patient on the date the restrictions ceased ([[s41]](5)).
* To grant either a [[conditional discharge]] or an [[absolute discharge]] (s42(2)).
* To recall a conditionally discharged patient to hospital so that he becomes a restricted patient once again (s42(3)).
* To transfer a serving prisoner from prison to a hospital ([[s47]]), with or without restrictions ([[s49]]), and to transfer him back to prison when appropriate.

==Other MoJ responsibilities==
The Ministry of Justice sponsors the following:
* Her Majesty's Courts and Tribunals Service (executive agency), including the [[Mental Health Tribunal]]
* The [[Office of the Public Guardian]] (executive agency)
* The [[Parole Board]] (executive non-departmental public body)
* The National Offender Management Service (executive agency), including the MHCS

== External links ==
===Main page on their website===
*[https://www.gov.uk/government/collections/mentally-disordered-offenders Gov.uk website: Mentally disordered offenders]

===Contact list===
*[https://www.gov.uk/guidance/noms-mental-health-casework-section-contact-list Gov.uk website: Mental health casework section contact list]
*Contact details appear on this MHLO page: [[Contact:Ministry of Justice - Mental Health Casework Section]]

===MOJ/MHT Protocol===
*{{rsum|HMCTS and MOJ, 'Guidance for the conduct of cases before the restricted patient panel' (29/3/16)}}

===Leave of absence===
*{{link|http://www.justice.gov.uk/downloads/offenders/mentally-disordered-offenders/mhcs-section-17-leave-guidance.pdf|NOMS, 'Mental Health Casework Section: Section 17 - Leave of Absence' (22/2/17)|s}}. This replaces the 22/4/14 version ([[Media:MOJ s17 leave guidance April 2014.pdf|PDF]], [[Media:MOJ s17 leave guidance April 2014.doc|Word]]). 

*[[Media:MOJ letter s17 leave 22 Apr 2014.pdf|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."

*{{rsum|Mental Health Casework Section, 'Guidance: Medical Leave for Restricted Patients' (February 2021)}}

*{{rsum|HMPPS, 'Medical Leave application for high profile restricted patients' (3/5/19)}}

*{{rsum|HMPPS, 'Leave Application for Restricted Patients' (3/5/19)}}

===Conditions of discharge===
*{{rsum|Colin Harnett, 'Changing discharge conditions - residence' (Dear Colleague letter from Head of Mental Health Casework Section, 17/12/15)}}

*{{rsum|HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)}}

===Personality disorder===
*{{link|https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/468891/NOMS-Working_with_offenders_with_personality_disorder.pdf|NOMS and NHS England, 'Working with personality disordered offenders: A practitioners guide' (second edition, September 2015)|s}}. This replaces the [[Media:Working with offenders with PDs dh 124319.pdf|January 2011]] version.

===MCA 2005===
*[[Media:Memorandum-Justice-Select-Committee.pdf|Ministry of Justice, 'Memorandum to the Justice Select Committee: Post-Legislative Assessment of the Mental Capacity Act 2005' (Cm 7955, 28/10/10)]]

===Other===
*[[Media:MHCS Newsletter 29 April 2010.doc|MHCS Newsletter 29/4/10]] - deals with absolute discharge and the transfer to hospital of prisoners who are close to the end of their sentence

*[http://web.archive.org/web/20100402042025/http://www.justice.gov.uk/news/announcement240310a.htm Ministry of Justice, 'Unified courts and tribunals service' (24/3/10)] (Internet Archive link) - "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."

*[http://web.archive.org/web/20101125164307/http://www.justice.gov.uk/news/announcement230910c.htm Ministry of Justice, 'Mental health courts featured on Radio 4' (23/9/10)] (Internet Archive link)

*[http://web.archive.org/web/20101005081109/http://www.justice.gov.uk/publications/docs/access-justice-mental-health.pdf Ministry of Justice, 'Access to Justice: a review of the existing evidence of the experiences of adults with mental health problems' (Ministry of Justice Research Series 6/09, May 2009)] (Internet Archive link)

*[https://www.gov.uk/government/publications/ministry-of-justice-business-plan-2011-15--2 Ministry of Justice, 'Ministry of Justice business plan 2011-15' (12/5/11)]

*Older links are available here: [[Ministry of Justice links archive]]
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