Domestic Violence, Crime and Victims Liaison Policy
Policy: M02
Policy Descriptor
This policy provides information about procedures for information sharing, joint
working, and the forwarding of victims’ representations about discharge conditions
to Mental Health Tribunals relating to the Domestic Violence, Crime and Victims
Act 2004.
Do you need this document in a different format?
Contact PALS – 0800 0730741 or email [email protected]
Document Control
Policy Ref No & Title:
M02 - Domestic Violence, Crime and Victims Policy
Version:
v1.0
Replaces / dated:
Previous policy C35 - Domestic Violence, Crime and Victims Policy
dated May 2014
Author(s) Names / Job Title
responsible / email:
Carole Camps MHA Manager/MCA Lead
[email protected]
Ratifying Committee:
Safeguarding Committee
Director / Sponsor
Paul Keedwell, Director of Nursing and Professional Development
Primary Readers:
Staff who may provide care for patients described in this policy
Additional Readers
All staff
Date ratified:
2nd September 2016
Date issued:
September 2016
Date for review:
September 2018
Date archived:
Contents
1.
Introduction .....................................................................................................................................3
2.
Purpose ............................................................................................................................................3
3.
Definitions........................................................................................................................................3
4.
Duties and Responsibilities ............................................................................................................4
5.
The Victim Contact Scheme and the Victims’ Code ......................................................................6
6.
Identifying Patients: Specified Offences .......................................................................................7
7.
The National Probation Service Victim Contact Scheme (restricted patients) ............................7
8.
Duties of hospitals in respect of unrestricted patients.................................................................8
9.
Additional Support for Victims who are family, carers or friends ................................................9
10. Inviting and passing on representations from victims ...............................................................10
11. Mental Health Tribunal and Hospital Managers panels ..............................................................10
12. Sharing Information ......................................................................................................................11
13. Monitoring Compliance.................................................................................................................11
14. References .....................................................................................................................................11
15. Contacts .........................................................................................................................................12
Appendix 1 – Guiding Principles: Mental Health Act Code of Practice 2015 ...................................13
2
1. Introduction
1.1.
The Trust is committed to ensuring that patients’ and victims’ rights are promoted and protected;
and that the Trust complies with its legal and statutory requirements. To ensure staff are able to
do this whilst understanding how to apply and perform their duties under legislation such as the
Mental Health Act 1983 and the Domestic Violence Crime and Victims Act 2004 (DVCV) this
policy sets out the processes that need to be followed and in place across the Trust.
1.2.
Under the 2004 Domestic Violence Crime and Victims Act and the Mental Health Act victims of
serious sexual and violent offences have the right to receive certain information about key stages
in a part 3 patient’s progress and treatment, and to make representations, about the release of
the offender from prison or from detention under the Mental Health Act 1983 (“MHA”). The
relevant offences are specified in Schedule 15 of the Criminal Justice Act 2003. Victims may also
engage with the Victim Contact Scheme.
2. Purpose
2.1.
This policy outlines the Trust’s duties in respect of victims’ rights under the Domestic Violence
Crime and Victim’s Act and the Mental Health Act 2007 and sets out the procedures to follow to
ensure that the concerns of victims are given appropriate weight and fully considered by staff
responsible for the treatment of part 3 patients.
2.2.
This policy provides information to staff about the procedures for information sharing, joint
working, and the forwarding of victims’ representations about discharge conditions to Mental
Health Tribunals and ensures that all relevant staff are aware of their responsibilities and are
enabled to fulfil these as required by the Mental Health Act and Domestic Violence Crime and
Victim’s Act 2004.
3. Definitions
3.1.
Offender - A person who has committed one or more of the Criminal Justice Act 2003 Schedule
15 offences (see Appendix B).
3.2.
Patient - A mentally disordered offender who has been diverted out of the criminal justice system
into hospital.
3.3.
Responsible Clinician (RC) - The Approved Clinician with overall responsibility for the patient’s
care. An Approved Clinician is a person appropriately trained and approved for the purposes of
the MHA by the Secretary of State.
3.4.
Restricted patients - Offenders who have committed specified sexual or violent offences who
become patients subject to specific provisions of the Mental Health Act 1983 and to whom a
restricted hospital order, a limitation direction, or a restricted transfer direction order is in force,
including patients who have been conditionally discharged.
3.5.
Section 37 MHA Hospital Order - An order (with or without restrictions) made by a magistrates’
or Crown Court on the evidence of two doctors that the defendant is suffering from mental
disorder which makes hospital treatment appropriate and that hospital treatment is the most
suitable method of dealing with the case.
3.6.
Section 41 MHA Restriction Order - When combined with a hospital order (or hospital direction
or transfer direction), a restriction order (or limitation or restriction direction) places restrictions on
the extent to which a patient’s RC can grant leave or transfer or discharge a patient. The
Secretary of State (in practice, the MHU) must always give consent.
3.7.
Section 45A MHA Hospital Direction - For most purposes, this works in the same way as a
hospital order, or a hospital order with restrictions when combined with a limitation direction.
Because they are subject to a prison sentence, the Tribunal cannot discharge patients subject to
hospital and limitation directions or sentenced prisoners subject to restricted transfer directions
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with the Secretary of State’s consent. If the Secretary of State does not consent to the discharge,
patients are removed to prison instead, unless the Tribunal has recommended that a patient who
would be entitled to conditional discharge should remain in hospital.
3.8.
Section 45A MHA Limitation Direction - See Section 41 Restriction Order.
3.9.
Section 47 Transfer Direction -This occurs where the Secretary of State transfers a sentenced
prisoner from prison to detention in hospital for treatment of mental disorder. Because they are
subject to a prison sentence, the Tribunal cannot discharge patients subject to hospital and
limitation directions or sentenced prisoners subject to restricted transfer directions with the
Secretary of State’s consent. If the Secretary of State does not consent to the discharge, patients
are removed to prison instead, unless the Tribunal has recommended that a patient who would
be entitled to conditional discharge should remain in hospital.
3.10. Section 49 Restriction Direction - See Section 41 Restriction Order
3.11. Social Supervisor - The Social Supervisor will maintain regular contact with a restricted patient
who is conditionally discharged and submit reports to the Secretary of State in respect of the
restricted patient’s progress, risk factors etc in order to ensure that by means of conditional
discharge a situation of danger to the restricted patient or to others can be averted by effective
supervision, and by appropriate support in the community or by recall to hospital if need be.
3.12. Tribunal Office - The administration office of the Tribunal
3.13. Tribunal Procedure Rules 2008 -The Tribunal Procedure (First-Tier Tribunal) (Health, Education
and Social Care Chamber) Rules 2008, SI 2008/2699 (reproduced in Jones (2013)).
3.14. Unrestricted Patients - A patient subject to a hospital order or guardianship order under Part 3
of the Act, or who has been transferred from prison to detention in hospital under that Part, who is
not also subject to a restriction order or direction. For the most part, unrestricted patients are
treated in the same way as Part 2 patients, although they cannot be discharged by their nearest
relative.
3.15. Victim - Victim” includes any person who appears to be, or to act for, the victim of the specified
sexual or violent offence in question. The definition of “victim” includes any person who appears
to the local Probation Board (in the case of restricted patients) or to the hospital managers (in the
case of unrestricted patients) to be, or to act for, the victim(s) of an index offence. This would
include a victim’s family in a case where the offence has resulted in the victim’s death or
incapacity or where the victim’s age or personal circumstances make it appropriate to approach a
family member in the first instance.
3.16. Children as Victims - Section 47 of the Children Act 1989 places a duty on the local authority to
make whatever enquiries are necessary to enable them to decide whether they should take any
action to safeguard and promote a child’s welfare. (Children Act 1989) Any professional who is
concerned that a child may be suffering or may be at risk of suffering significant harm from a
mentally disordered offender should always refer this matter to the Local Authority Social
Services Department. A child is in need of protection if he/she is suffering or is likely to suffer
significant harm. For more information please refer to C28 – Safeguarding Children Policy
3.17. Victim Liaison Officer (VLO) - A Probation Officer with special responsibility for liaising with
victims of sexual or violent offences.
4. Duties and Responsibilities
4.1.
The Victim Liaison Unit is part of the National Probation Service and for restricted patients
must make contact with the victims of relevant offences and liaise for them with Mental Health
Tribunals (MHT) and communicate when the patient, to whom the Act applies, may be allowed
leave, be transferred or maybe discharged. The Victim Liaison Unit should consult victims about
any representations they may wish to make relating to the discharge conditions and forward them
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to the relevant MHT office, in a similar format to the submissions made to the Parole Board, by
the specified date.
4.2.
Victims should be made aware that any representations they make will be disclosed to the patient
unless it is considered that such a disclosure would be likely to cause that person or some other
person serious harm. However, no guarantees regarding absolute confidentiality can be given, as
the final decision lies with the tribunal.
4.3.
The Ministry of Justice Mental Health Unit carries out the Home Secretary’s responsibilities
under the Mental Health Act 1983 amended 2007 and related legislation. They direct the
admission to hospital of patients transferred from prison, and consider recommendations from the
Responsible Clinician for leave, transfer or discharge of restricted patients. The Mental Health
Casework Section also prepares documentation for the Mental Health Tribunal and monitors
patients who are conditionally discharged. Each restricted patient has a caseworker at the Mental
Health Casework Section.
4.4.
Where discharge is considered by the Home Secretary; the Mental Health Unit must inform the
Victim Liaison Unit whether the patient is to be discharged and, if so, whether it is to be a
conditional or absolute discharge. In the event of a conditional discharge, the Mental Health
Casework Section must inform the Victim Liaison Unit of those conditions that relate directly to
the victim and if the conditions of discharge are varied or the patient is recalled to hospital, and
the date when the restriction order ceases to have effect.
4.5.
Hospital Managers have six requirements placed on them by the provisions for transferred and
unrestricted patients, these are:

To identify relevant patients for the purpose of ensuring responsibilities are discharged.

Maintaining records of victims who have asked to make representations or receive
information.

Inviting and pass on representations from victims to the Responsible Clinician i.e. about the
conditions to which the patient should be subject if discharged onto a Community Treatment
Order.

To give the victim the required information i.e. if the patient is to be discharged or detention is
not to be renewed, discharged onto a Community Treatment Order, details of any
subsequent variation of the Community Treatment Order conditions which relate to contact
with the victim or the victim’s family; and when the Community Treatment Order ends, is
discharged, expires, or is revoked.

Deciding whether to give victims additional information i.e. Hospital Managers must also
consider using their discretion to give victims additional information (e.g. about patients’
leave of absence, absconding, or transfer to another hospital).

Inform the new Hospital Managers where patients are transferred or assigned, including
independent hospitals or a care home (Mental Health Act Code of Practice, 40.19).
4.6.
Regulations allow Hospital Managers to authorise any other person to exercise their functions
under the Act on their behalf and these functions are delegated to the Mental Health Act office.
4.7.
Responsible Clinicians are obliged to inform Hospital Managers via the Mental Health Act office
when:

they decide not to renew a patient’s detention

they discharge a patient, including onto a Community Treatment Order
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4.8.

they vary conditions of a Community Treatment Order, discharge or revoke or allow a
patient’s Community Treatment Order to expire.

they must also consider victims’ representations when deciding what conditions to include in
the Community Treatment Order of a restricted patient.
Approved Mental Health Professionals (AMHPs) will consider victims’ representations when
deciding whether to agree to the proposed conditions to be included in a CTO for a relevant
unrestricted patient being discharged onto a CTO.
5. The Victim Contact Scheme and the Victims’ Code
5.1.
The concerns of victims must be given appropriate weight and fully considered by staff
responsible for the treatment of part 3 patients. The offence may have been committed by
someone with a mental disorder, but the impact on the victim will be the same as if the part 3
patient had been well. Victims’ concerns and fears, including those of bereaved victims, must be
given appropriate weight and consideration at all key points of the part 3 patient’s treatment,
including community leave and discharge.
5.2.
Under the Domestic Violence, Crime and Victims Act 2004, where the part 3 patient was
sentenced on or after 1 July 2005, victims of serious violent and sexual offences have the right to
information from the National Probation Service under the Victim Contact Scheme. Under the
Victim Contact Scheme these victims (‘statutory victims’) have a right to be informed of key
developments in the part 3 patient’s progress and to make representations about conditions that
should be in place on discharge.
5.3.
The Code of Practice for Victims of Crime sets out the information, support and services, that
victims of relevant crimes can expect to receive from criminal justice agencies in England and
Wales. The Victims’ Code also summarises the information victims are entitled to under the
Victim Contact Scheme as set out in the Domestic Violence, Crime and Victims Act 2004.
5.4.
The Victims’ Code and the Victims Contact Scheme apply to victims in respect of restricted and
unrestricted part 3 patients. Where victims of part 3 restricted patients do not fall within the scope
of the Domestic Violence, Crime and Victims Act 2004 for statutory contact under the Victims
Contact Scheme (i.e. non-statutory victims), it is good practice for the National Probation Service
to consider providing Victim Contact Scheme services to any victim of a restricted patient who
requests information. Examples include:
5.5.
where the conviction occurred prior to the, Domestic Violence, Crime and Victims Act 2004.but
the victim has now made contact the victim of a non-qualifying offence or sentence length (for
prisoners transferred under sections 47 who are subject to restriction directions made under
section 49) where the victim has expressed concerns about their safety, or to the victims of codefendants convicted in connection with the same incident.
5.6.
Once the discretion has been exercised to offer such a non-statutory victim contact under the
Victim Contact Scheme, they should be offered the same service as statutory victims. This
means that, once the National Probation Service has decided to offer the Victim Contact Scheme
to these non-statutory victims, they should be assigned a victim liaison officer, provided with the
opportunity to make representations about discharge conditions, and provided with information
which the National Probation Service considers to be appropriate in all the circumstances of the
case, in the same way as statutory victims.
5.7.
Each provider organisation should have a nominated individual who is responsible for
understanding the Victims Code, promoting the rights of victims and developing, overseeing and
reporting on policy and initiatives in the organisation to support all victims (including those of
restricted and unrestricted patients). Details of who this individual is should be available so that
victims, professionals and patients can identify them and obtain the required information and, if
required, raise any concerns or complaints (Mental Health Act Code of Practice 40.7). Within the
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Trust the Mental Health Act Manager and Mental Health Act Administrator for Secure services
are the contacts for Victims Services.
6. Identifying Patients: Specified Offences
6.1.
6.2.
‘Specified Offences’, are those set out in section 45(2) of the Domestic Violence, Crime and
Victims Act 2004:

murder or an offence specified in Schedule 15 to the Criminal Justice Act 20032

an offence in respect of which the patient is subject to the notification requirements of part 2
of the Sexual Offences Act 2003,3 or

an offence against a child within the meaning of part 2 of the Criminal Justice and Court
Services Act 2000
For Specified offences committed on or after 1 July 2005, the police or joint police and Crown
Prosecution Service Witness Care Unit should send details of statutory victims to the appropriate
National Probation Service Victim Liaison Unit who should offer victims the opportunity to engage
with the Victim Contact Scheme if the part 3 patient is:

convicted of a specified sexual or violent offence and made the subject of a hospital order
with a restriction order (section 37 and section 41 of the Act)

found unfit to plead in respect of a specified sexual or violent offence, but has committed and
been charged with the offence

found not guilty by reason of insanity under the Criminal Procedure (Insanity) Act 1964 in
respect of a specified sexual or violent offence, and made subject to a hospital order with
special restrictions (section 37 and section 41 of the Act)

convicted of a specified sexual or violent offence and then made the subject of a hospital
direction and limitation direction (section 45A and section 45B of the Act), or

sentenced to 12 months imprisonment or more for a specified sexual or violent offence, and
transferred to hospital under a transfer direction and restriction direction (section 47 and
section 49 of the Act).
7. The National Probation Service Victim Contact Scheme (restricted patients)
7.1.
Under the Domestic Violence, Crime and Victims Act 2004, the National Probation Service Victim
Liaison Unit is required to identify whether a victim, or someone else acting for the victim which
would include a victim’s family in a case where the case has resulted in the victim’s death or
incapacity or in cases where the victim’s age or personal circumstances make it sensible to
approach a family member in the first place, wishes to:

offered the opportunity to engage with the Victim Support Scheme by the Victim Liaison Unit

assigned a Victim Liaison Officer (for restricted patients and prisoners transferred under
section 47 who are subject to restriction directions made under section 49 who have not
passed their licence expiry date)

offered the right to make representations to whoever is responsible for making the decision
on the patient’s discharge, either the Secretary of State for Justice or the Tribunal, about the
patient’s discharge conditions – i.e. geographic exclusion zones or ‘no contact’ conditions

informed of discharge conditions which relate to them, and
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
informed about any other key information about the patient’s progress, which it is appropriate
to share in all the circumstances of the case.
7.2.
The Victim Liaison Unit must provide such information to the victim and in practice this will be
undertaken by contact with the Hospital Managers who delegate this function to the Mental
Health Act administration office.
7.3.
Victims who ask to make representations must be informed when the patient’s discharge is being
considered, so that they have an opportunity to make representations about any conditions to be
attached to that discharge.
7.4.
Victims who ask to receive information about discharge conditions must be informed:

if patients are discharged from hospital subject to conditions (either through conditional
discharge or a community treatment order)

of the details of any conditions which relate to contact with the victim or their family (and if
those conditions are changed or removed)

if the patient is discharged from hospital unconditionally, or ceases to be subject to
conditional discharge or a community treatment order

if a restricted patient is otherwise to cease to be subject to restrictions (e.g. because the
patient’s restriction order is to be lifted, or a restriction direction is to come to an end); and of
any other information the relevant authority thinks is appropriate.
7.5.
Victims can choose to opt in or out of the Victim Contact Scheme at any time. If a victim was not
identified at the time of sentencing or did not take up contact when it was offered, they may
contact or be referred to the Victim Liaison Unit at any time during the patient’s treatment and
rehabilitation. From 22 April 2014 victims of restricted part 3 patients, who have opted in to the
Victim Contact Scheme, will be told if permission for community leave, whether escorted or
unescorted, is granted by the Mental Health Casework Section of the Ministry of Justice, unless
there are exceptional reasons why they should not be told. This followed a Ministerial
commitment and means that the scope of information provided to victims of part 3 patients
granted leave from the detaining authority is the same as the information given to victims of
prisoners who are granted temporary licence from prison (e.g. Release on Temporary Licence
and Home Detention Curfew.
7.6.
Information about restricted patients will be provided by the Victims Liaison Officer to the victim
whereas information about unrestricted patients will come directly to the victim from hospital
managers or clinicians once any relevant licence period has expired.
8. Duties of hospitals in respect of unrestricted patients
8.1.
The Victim Liaison Unit should offer victims the opportunity to engage with the Victim Contact
Scheme if the part 3 patient has been made subject to a hospital order without a restriction order
(section 37 of the Act). Victims who want to engage with the Victim Contact Scheme will have
their details passed to the hospital. The hospital manager or Responsible Clinician then becomes
responsible for providing information to the victim.
8.2.
Where a part 3 patient is transferred from prison to hospital with a restriction order (section 47
and section 49 of the Act), or is transferred without a restriction order as the custodial part of their
sentence was about to end (i.e. they are a ‘notional section 37 patient’), they will be treated as an
unrestricted patient when they reach their sentence end date (see paragraphs 22.75-22.77 on
‘Notional section 37 patients’). At this time, if there is a victim identified in the National Probation
Service Victim Contact Scheme, the Victim Liaison Unit will send the victim’s details to the
hospital. The hospital manager or responsible clinician then becomes responsible for providing
information to the victim. The Victim Liaison Officer should continue to provide updates to the
8
victim until the end of the licence period, even if the patient remains in hospital, and, in particular
if they are released on licence.
8.3.
The probation Victim Liaison Officer will pass details of victims who wish to receive information to
the hospital, and liaison should then take place between the hospital and the victim. The Victim
Liaison Officer has no further role so clinical teams and hospital managers should be fully aware
of their obligations with respect to the victims of unrestricted patients.
8.4.
Hospital managers must ensure that the statutory minimum of information is communicated to
victims. Statutory information consists of:

whether the patient is to be discharged

whether a community treatment order (CTO) is to be made, including allowing the victim to
make representations about the conditions attached to the CTO

what conditions of the CTO relate to the victim

when the CTO ceases

when authority to detain the patient expires

when the part 3 patient is discharged, including allowing the victim to make representations
about discharge conditions, and

what conditions of discharge relate to the victim, and when these cease.
8.5.
The Mental Health Act administrators will identify which patients, either detained or subject to a
Community Treatment Order to which the criteria apply. For patients given hospital orders by the
courts, the Mental Health Act administrator will check to see whether any of the offences for
which the patient has been sentenced are specified offences (Appendix B). The Probation
Service should be contacted by the Mental Health Act administrator if there is any doubt.
8.6.
Where the Secretary of State for Justice makes an unrestricted transfer direction, the Ministry of
Justice Mental Health Unit will tell the Mental Health Act administrator if the patient is an
unrestricted patient who is eligible for victim liaison.
8.7.
The Mental Health Act administrator will ensure that Responsible Clinicians are aware if any of
their patients are unrestricted patients to whom the criteria apply.
8.8.
If the patient is being transferred to another hospital the Mental Health Act administrator will
inform the new Hospital Managers of the transfer and give them details of the victim.
9. Additional Support for Victims who are family, carers or friends
9.1.
Professionals should be particularly mindful that some victims of mental disordered patients may
also be the patient’s family member, carer, friend, or their nearest relative, and may wish to
maintain contact with the patient, including visiting them in hospital. The guidance in relation to
enabling contact and visits should be applied equally to these individuals as to other family,
friends and carers (see chapter 11, Mental Health Act, Code of Practice). Professionals may
need to balance the needs and rights of victims who are also family, friends or carers with their
needs and rights as victims and/or to reduce the risk of harm arising from contact with the patient.
Such victims may require additional support in order for them to maintain contact, and keep them
safe, especially if the victim is a child or young person, lacks capacity or has a learning disability
or autism.
9.2.
There may be a family member, friend and carer who is a victim or for other reasons does not
wish to maintain contact or visit, despite a part 3 patient’s wish for them to do so. The rights of the
9
individual victim should be protected and maintained in this and, if appropriate, this should be
explained to the patient (see for example Mental Health Act Code of Practice 4.271 on
withholding patient correspondence).
10. Inviting and passing on representations from victims
10.1. Responsible Clinicians will inform the Mental Health Act Office, without any unnecessary delay, of
any of the following:

A plan to discharge the patient from a section or not to renew the section

A plan to place the patient on Section 17 Leave

A plan to discharge on a Community Treatment Order

Conditions of a Community Treatment Order that may be relevant to the victim

Changes to the conditions of a Community Treatment Order that may be relevant to the
victim

The expiry of, revocation of or discharge from a Community Treatment Order
10.2. It is the responsibility of the Responsible Clinician, whenever possible, to give the above
information (and relevant dates) sufficiently far in advance to allow victims to make
representations, however, discharges should not be delayed purely to allow representations to be
made.
10.3. If the Responsible Clinician is actively considering discharge onto a Community Treatment Order,
the Mental Health Act office will also pass the victim’s representations on to the Approved Mental
Health Professional who is considering whether to agree to the proposed Community Treatment
Order.
10.4. Responsible Clinicians must consider any representations made by victims when deciding what
conditions to include in a patient’s Community Treatment Order. Victims might, for example, want
Responsible Clinician to consider imposing a condition that the patient stays away from the area
in which the victim lives.
10.5. The MHA Office will inform the Victim Liaison Unit who will pass this information on to victims
who have asked to make representations asking if they would like to make a representation
which will be passed on to the Responsible Clinician.
10.6. If victims make representations about a patient after a patient has already been discharged onto
a Community Treatment Order, Responsible Clinicians should consider whether the conditions
ought to be varied as a result. The Domestic Violence Crime and Victims Act does not affect the
rule in section 17B (2) Mental Health Act that Responsible Clinicians may only include conditions
in a patients’ Community Treatment Order which they think are necessary or appropriate for
ensuring the patient receives medical treatment, preventing risk of harm to the patient’s health or
safety or protecting other people.
11. Mental Health Tribunal and Hospital Managers panels
11.1. A detained restricted patient may apply to have his/her case heard by a Tribunal in the second 6
months of detention and then yearly or by the Home Secretary every three years.
Detained patients must be told that their letters for posting may be withheld if the person to whom it
is addressed asks the hospital managers to do so.
10
1
11.2. Where an application is made to the Mental Health Tribunal by the patient or referred by the
Home Secretary, the Mental Health Tribunal must inform the Victim Liaison Unit whether the
patient is to be discharged. In the event of a conditional discharge, the Mental Health Tribunal
must inform the Victim Liaison Unit of any conditions relating to the victim and of any subsequent
variations of such conditions by the Mental Health Tribunal. If the restriction order is lifted, the
Mental Health Tribunal must inform the Victim Liaison Unit of the date it ceases to have effect.
11.3. Victims may also make representations to the Hospital Managers and Mental Health Tribunal
hearings, at which the unrestricted patient may be discharged. The Mental Health Act
administrator will ensure that the victim is aware of the proceedings and will ascertain whether
the victim wishes to make representations. The Mental Health Act office will pass any such
representations to the Responsible Clinician.
12. Sharing Information
12.1. The decision about whether to pass more information to victims than the statutory minimum will
be for the relevant hospital manager to decide. The information that can be provided to a victim
will be limited if it relates to medical treatment, as this information will be confidential medical
information. The usual rules under the Data Protection Act 2004 and guidance in the Code on
confidentiality apply (Mental Health Act Code of Practice 40.19).
12.2. The Act does not place any statutory requirements on the Responsible Clinician to disclose
information. The information which is required to be disclosed under the Act relates to discharge
and conditions of discharge.
12.3. Under the Act, the Victim Liaison Officer may also provide “such other information to the victim as
the Victim Liaison Officer considers appropriate in all the circumstances of the case”. This is
intended to allow the Victim Liaison Officer the discretion to give information which will reassure
victims. It is not intended to lead to the disclosure of information, which is covered by patient
confidentiality. For more information please see GV03 Confidentiality policy
13. Monitoring Compliance
13.1. The application of this policy will be overseen by the Mental Health Act and Mental Capacity Act
Scrutiny Group. The processes and principles of this policy where applicable will be included in
audits where this is considered appropriate.
13.2. Incidents relating to this policy will be recorded under the Mental Health Act category and will be
considered within the Mental Health Act Manager’s report to the appropriate Directorate
Governance Board and to the Mental Health Act and Mental Capacity Act Scrutiny Group.
14. References
Criminal Justice and Court Services Act 2000, Section 69
Mental Health Act 1983 amended 2007
The Code of Practice: Mental Health Act 1983 2015
The Code of Practice for Victims of Crime, Ministry of Justice, October 2015
Ministry of Justice 2015 www.homeoffice.gov/documents/victims-code of practice
Domestic Violence, Crime and Victims Act 2004, Sections 36 - 44
Duties to the victims under the Domestic Violence, Crime and Victims Act 2004: Guidance for
clinicians. Chris Kemp. September 2005. (Mental Health Unit, Home Office;
www.homeoffice.gov.uk)
Thematic Inspection Report 2000 - “Ensuring the Victim Matters”.
http://inspectorates.homeoffice.gov.uk/hmic
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15. Contacts
Victims Liaison Unit
Devon & Somerset Probation Service
Victim Liaison Unit
3-5 Barnfield Road
Exeter, EX11RD
01392 421122
Mental Health Tribunal - contact Mental Health Act administrator below for advice
Mental Health Act Manager
Wonford House
Dryden Road
Exeter, EX2 5AF
Carole Camps: 01392 675671
Email: [email protected]
Mental Health Act Administrator
Langdon hospital
Exeter Road
Dawlish, EX7 0NR
Kay Broome: 01626 887744
Email: [email protected]
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Appendix 1 – Guiding Principles: Mental Health Act Code of Practice 2015
Mental Health Act Code of Practice 2015
Guiding Principles: It is essential that all those undertaking the functions under the Mental Health Act
1983 (MHA) understand the five sets of overarching principles which should always be considered when
making decisions in relation to care, support or treatment provided under the Act.
The five overarching principles are:
1) Least restrictive option and maximising independence: Where it is possible to treat a patient
safely and lawfully without detaining them under the Act, the patient should not be detained.
Wherever possible a patient’s independence should be encouraged and supported with a focus
on promoting recovery wherever possible.
2) Empowerment and involvement: Patients should be fully involved in decisions about care,
support and treatment. The views of families, carers and others, if appropriate, should be fully
considered when taking decisions. Where decisions are taken which are contradictory to views
expressed, professionals should explain the reasons for this.
3) Respect and dignity; Patients, their families and carers should be treated with respect and
dignity and listened to by professionals.
4) Purpose and effectiveness: Decisions about care and treatment should be appropriate to the
patient, with clear therapeutic aims, promote recovery and should be performed to current
national guidelines and/or current, available best practice guidelines.
5) Efficiency and equity: Providers, commissioners and other relevant organisations should work
together to ensure that the quality of commissioning and provision of mental healthcare services
are of high quality and are given equal priority to physical health and social care services. All
relevant services should work together to facilitate timely, safe and supportive discharge from
detention.
All decisions must be lawful and informed by good professional practice. Lawfulness necessarily
includes compliance with the Human Rights Act 1998 (HRA) and Equality Act 2010.
All five sets of principles are of equal importance, and should inform any decision made under the Act.
The weight given to each principle in reaching a particular decision will need to be balanced in different
ways according to the circumstances and nature of each particular decision. Any decision to depart from
the directions of the policy and the Code of Practice must be justified and documented accordingly in the
patient’s case notes.
Staff should be aware that there is a statutory duty for these reasons to be cogent and appropriate in
individual circumstances.
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