Tanya Jones was instructed by Natalie Pratt of AH Solicitors to represent their client in an application to the First-Tier Tribunal (Mental Health).
The client had been detained under section 48/49 of the Mental Health Act 1983 which relates to a transfer of an unsentenced prisoner to hospital. Section 48 holds –
(a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and
(b) he is in urgent need of such treatment; and
(c) appropriate medical treatment is available for him.
Evidence was given by the client’s Doctor, Nurse, Social Worker and Community Care Coordinator. All but the Nurse gave evidence recommending they should remain in hospital detained and the Tribunal should not discharge them. The Doctor in great detail raised concerns about the client’s risk of future non-compliance with taking his medication, and the risks of relapsing. The Social Worker confirmed he would receive more effective treatment whilst in hospital, and would not have access to the same in prison. The Community Care Coordinator confirmed there was historic evidence that the client would not engage with community teams.
Tanya made submissions that they had shown good progress over the last few months with no recent incidents being recorded. Their understanding of their diagnosis and the need for medication had increased greatly. There was no direct evidence of the risk of future non-compliance as the Doctor was basing his opinion on previous experiences with a different method of medication. The nursing team have the most contact with the client in the hospital and they confirm he does not meet the criteria to stay. The degree and risk are no longer present to the extent it was when the client came to the hospital, and for that reason he should be discharged.
The Tribunal held they were not satisfied the criteria had been met for the client to continue being detained under the Act, which led to the panel discharging the client and they will be returned to prison.