HL Deb 27 October 1982 vol 435 cc538-9

42 Clause 39, page 28, line 1, after 'Act', insert 'or having been transferred to a hospital in pursuance of a transfer direction made under Section 72 or Section 73 of the principal Act,'.

Lord Trefgarne

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 42. I have already spoken to this amendment.

Moved, That this House doth agree with the Commons in the said amendment.—(Lord Trefgarne.)

Baroness Masham of Ilton

My Lords, I should like to speak on Amendment No. 42. I thought the amendments were going to be taken en bloc from No. 42 to No. 49. It is with great relief that I once more speak on this important matter of after-care for detained patients, a matter which your Lordships were good enough to include in this Bill. A Bill of this sort without an after-care clause would not have emphasised the vital importance of this need to the people who make the Act work when it is operational.

Today, I should like to thank the other place for having amended the after-care Clause No. 39 by adding two very important sections. The Member for Birmingham Stechford, Mr. Davis, moved an amendment to include cases under Sections 72 and 73 of the principal Act. The matter of this clause is an excellent example of the need for two Chambers. The other place improved what the supporters of my amendment had tried to do, which was to provide for a statutory obligation for after-care to be provided on discharge from hospital for the most difficult and dangerous patients who are kept in very secure conditions. Many of them have to be resettled into the community. Sections 72 and 73 refer to persons removed to hospital from prisons. It was a total mistake that they were not included in the first amendment which I moved in this House. As these patients have prison sentences and records, it was easy to assume that they were still under the umbrella of the Home Office and probation after-care.

My Lords, some of these patients suffer from severe mental illness, psychopathic disorders and most appalling behaviour problems. As the other place queried why I had not include them, all I can say is that my amendment came rather late after I had visited a secure hospital unit and having talked with staff and met patients, I realised how important and vital aftercare is if they are to be discharged. My visit was delayed because of snow. I was very worried when I discovered Sections 72 and 73 cases were not covered by a statutory after-care. I am very pleased and thank the Government for accepting the amendment in the other place.

The Government have assured us that after-care for mentally ill patients is an obligation. It is important that all voluntary patients as well as those on Sections 72 and 73 who are mentally ill and in need of aftercare will receive it. I hope and pray that Clause 39 will be helpful. It does something which I think has not been done before; that is, to lay the duty on the health districts, the local authority services and in cooperation with relevant voluntary agencies. I believe that these very difficult problems will more likely be solved if they are shared in co-operation with people pooling their expertise and skills.

Under this Bill, when it becomes an Act of Parliament, there are to be approved social workers. They are to have two years' extra training if they have not been qualified in mental health work. This must help and benefit in after-care treatment. When resources are scarce, joint funding between health and social service departments must he wise when providing after-care facilities for the mentally ill. I thank everyone who has helped with this after-care clause.

On Question, Motion agreed to.