§ Mr. Christopher Priceasked the Secretary of State for the Home Department (1) how many restricted patients who appeared before mental health review tribunals during 1976, 1977 and 1978 waited (a) less than one month, (b) one to three months, (c) four to six months, (d) seven to 12 months, (e) one to two years or (f) more than two years for a decision from him following their tribunal hearing;
- (2) in how many of the references considered by a mental health review tribunal in each of the special hospitals and local hospitals during 1976, 1977 and 1978 the tribunal recommended (a) absolute discharge, (b) conditional discharge, (c) transfer from a special to a local hospital, (d) removal of a restriction order, (e) trial leave, and (f) no absolute or conditional discharge, removal of a restriction order, transfer or trial leave; and how many of each of these recommendations he accepted;
- (3) how many patients who are subject to a restriction order under section 65 of the Mental Health Act 1959 but are no longer detained in a special or local hospital have not been recalled to hospital for less than one year, one to two years, two to five years, six to 10 years, 11 to 15 years or more than 15 years.
§ Mr. BrittanThis information is not readily available in the form requested; but I am looking to see what relevant information it might be possible to provide and I shall write to the hon. Member.
§ Mr. Christopher Priceasked the Secretary of State for the Home Department how many patients waited (a) less than one month, (b) one to two months, (c) two to three months, (d) three to four months and (e) more than four months between the date of a patient's request for reference by him to a mental health 731W review tribunal and the date of the hearing during 1978.
§ Mr. BrittanThe following table gives, in respect of hearings which took place in 1978, the length of time that elapsed between the receipt by the Home Office of a patient's request for his case to be referred to a mental health review tribunal and the date of the hearing.
Less than one month One to two months Two to three months Three to four months More than four months — 6 123 138 64
§ Mr. Christopher Priceasked the Secretary of State for the Home Department what directions have been issued to hospitals concerning the procedures to be followed when a restricted patient absents himself without leave.
Mr. BritianSpecific instructions are given in the case of each restricted patient
1975 1976 1977 1978 Conditional discharge … … 1 4 10 6 Tranfer … … 6 3 5 11 No discharge or tranfer … … 4 4 6 12 In addition, there was one case in 1976, two in 1977 and one in 1978 where the advice of the board drew attention to areas requiring further investigation before a final view could be reached. There were no recommendations for absolute discharge or the termination of the restriction order.
The board's advice was accepted in all cases except for:
- (a) one transfer recommendation in 1976;
- (b) a transfer recommendation in 1975 and a discharge recommendation in each of the years 1976 and 1977. In each of these three cases the patient's relapse led to the withdrawal of the original recommendation before it could be put into effect;
- (c) a transfer recommendation in 1978 on which no decision was taken because the case had to be referred again to the board in the light of subsequent developments.
§ Mr. Christopher Priceasked the Secretary of State for the Home Department how many patients were recalled to hospital pursuant to section 66(3) of the Mental Health Act during 1976, 1977 and 1978; and in how many of such cases conditions of any previous conditional discharge had lapsed.
§ Mr. BrittanThe numbers of persons recalled to hospital under section 66(3)732W admitted to a National Health Service hospital that in the event of the patient's escape or failure to return from leave the local police should be informed at once. Similar action would be taken by the special hospitals.
§ Mr. Christopher Priceasked the Secretary of State for the Home Department how many of the recommendations of the Advisory Board on Restricted Patients were for (a) absolute discharge, (b) conditional discharge, (c) transfer from a special to a local hospital, (d) lifting of a restriction order, and (e) no discharge, transfer or lifting of a restriction order; and how many of the recommendations in each case were accepted by him.
§ Mr. BrittanThe recommendations of the Advisory Board on Restricted Patients in the period 1975–1978 were as follows:
of the Mental Health Act 1959 are published annually in "Criminal Statistics, England and Wales"(table 18 of the volume for 1978, Cmnd. 7670). In only one case during the years 1976 to 1978 had the conditions of supervision and residence been discontinued at the time the recall took place.
§ Mr. Christopher Priceasked the Secretary of State for the Home Department (1) in what circumstances he exercises his power under section 66(6) of the Mental Health Act 1959 to refer a conditionally discharged patient to a mental health review tribunal for its advice;
(2) how many restricted patients, who have been conditionally discharged from hospital, requested reference to mental health review tribunals in pursuance of section 66(6) of the Mental Health Act during 1976, 1977 and 1978; and how many of these requests he accepted.
§ Mr. WhitelawA conditionally discharged patient has no statutory entitlement to require his case to be referred to a mental health review tribunal, but I may myself refer the case of such a patient to a tribunal if I think fit. There has been no occasion to do this in recent years, although I am aware of two such 733W patients who have asked for their cases to be referred, both in 1978. I am, however, always prepared to consider such a request if it appears that the tribunal's advice would be of assistance.
§ Mr. Christopher Priceasked the Secretary of State for the Home Department how many patients are currently subject to restriction orders under section 65 of the Mental Health Act 1959; and how many of these patients are in (a) special hospitals, (b) local hospitals, and (c) neither local nor special hospitals.
§ Mr. BrittanInformation in the form requested is not available.
The available information relates to patients who, on 31 December 1978, were subject to restrictions on discharge under section 65 or other equivalent provisions under part V of the Mental Health Act 1959. Of these patients, 1,261 were in special hospitals and 656 were in local hospitals. Information on patients who
Reasons for absolute discharge 1976 1977 1978 Imposition of subsequent restriction order 1 3 3 Imposition of sentence of life imprisonment 0 0 4 Imposition of finite sentence of imprisonment 2 3 2 Repatriation of patient 0 0 0 Other reasons why restriction order no longer required for the protection of the public 7 4 4
§ Mr. Christopher Priceasked the Secretary of State for the Home Department in how many cases in 1976, 1977 and 1978 where patients have been recalled to hospital pursuant to section 66(3) of the Mental Health Act 1959 the Secretary of State has referred the case to a mental health review tribunal within six months of the date of the warrant for recall.
§ Mr. BrittanI regret that the information could be obtained only at disproportionate cost.