Independent Forensic Mental Health Review: interim report

Footnotes

1. See the Minister's announcement: Directorate of Health and Social Care (2019) Improving mental health services. Available at: https://www.gov.scot/news/improving-mental-health-services-1

2. See the Announcement of the Chair: Forensic Mental Health Review (2020) Forensic mental health services: independent review. Available at: https://www.gov.scot/groups/forensic-mental-health-services-independent-review

3. See all working group members: Forensic Mental Health Review (2020) Forensic mental health services independent review: working group membership. Available at: https://www.gov.scot/groups/forensic-mental-health-services-independent-review-member-organisations

4. See the Review's Call for Evidence: Forensic Mental Health Review (2019) Call for evidence. Available at: https://fmhr.citizenspace.com/forensicmentalhealthreviewscot/call-for-evidence

5. See Ridley, J., McKeown, M., Machin, K., Rosengard, A., Little, S., Briggs, S., Jones, F. and Deypurkaystha, M. (2014) Exploring Family Carer Involvement in Forensic Mental Health Services. Edinburgh. Available at: https://www.supportinmindscotland.org.uk/exploring-family-carer-involvement-in-forensic-mental-health-services; Mental Health Foundation Terminology. Available at: https://www.mentalhealth.org.uk/a-to-z/t/terminology

6. People who do not meet the criteria for high secure care and treatment can be admitted to the State Hospital under Exceptional Circumstances if there is no medium secure facility available. The Mental Welfare Commission must be notified of these admissions. See Forensic Network (2019a) Guidance on patient referral to or within Scottish high and medium secure services. Available at: https://www.forensicnetwork.scot.nhs.uk/wp-content/uploads/Guidance-on-Patient-Referral-to-High-Medium-Security-FINAL.pdf

7. The Scottish Government's Inpatient Census counted 488 people receiving forensic services in NHS Scotland facilities in March 2019 and 37 people whose care was funded by NHS Scotland in a facility elsewhere. See Population Health Directorate (2019) Inpatient Census 2019: parts one and two. Edinburgh. Available at: https://www.gov.scot/publications/inpatient-census-2019-part-1-mental-health-learning-disability-inpatient-bed-census-part-2-out-scotland-nhs-placements The Forensic Network's Inpatient Census identified 510 people accessing forensic mental health services in Scotland in November 2018.

8. See Council of Europe Anti-Torture Committee (2019) Report to the Government of the United Kingdom on the visit to the United Kingdom carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 17 to 25 October 2018. Strasbourg. Available at: https://www.coe.int/en/web/cpt/-/council-of-europe-anti-torture-committee-publishes-report-on-the-united-kingdom-focusing-on-police-and-prisons-in-scotland

9. A small number of people who received a life sentence in court have subsequently been transferred to hospital for treatment and rehabilitation. When they are assessed as ready to transfer to the community, they are considered for release on licence by the Parole Board of Scotland rather than for conditional discharge by the Mental Health Tribunal for Scotland.

10. See Mental Welfare Commission for Scotland (2017) Visit and monitoring report: Medium and low secure forensic wards. Available at: https://www.mwcscot.org.uk/sites/default/files/2019-06/medium_and_low_secure_forensic_wards.pdf

11. See Mental Welfare Commission for Scotland (2019a) Use of seclusion: Good practice guide. Edinburgh. Available at: https://www.mwcscot.org.uk/sites/default/files/2019-10/Seclusion_GoodPracticeGuide_20191010.pdf

12. See Forensic Network (2019b) Women's Service and Pathways across the Forensic Mental Health Estate. Available at: https://www.forensicnetwork.scot.nhs.uk/wp-content/uploads/Womens-Report-Public.pdf

13. See Mental Welfare Commission for Scotland (2017) Visit and monitoring report: Medium and low secure forensic wards. Available at: https://www.mwcscot.org.uk/sites/default/files/2019-06/medium_and_low_secure_forensic_wards.pdf

14. See Population Health Directorate (2019) Inpatient Census 2019: parts one and two. Edinburgh. Available at: https://www.gov.scot/publications/inpatient-census-2019-part-1-mental-health-learning-disability-inpatient-bed-census-part-2-out-scotland-nhs-placements

15. 'Habilitation' is described as 'a process of supporting disabled people to attain, keep or improve skills and functioning for daily living'. See The independent review of Learning Disability and Autism in the Mental Health Act (IRMHA) (2019) Final report. Available at: https://webarchive.nrscotland.gov.uk/20200313213229/https://www.irmha.scot/wp-content/uploads/2020/01/IRMHA-Final-report-18-12-19-2.pdf

16. See The independent review of Learning Disability and Autism in the Mental Health Act (IRMHA) (2019) Final report. Available at: https://webarchive.nrscotland.gov.uk/20200313213229/https://www.irmha.scot/wp-content/uploads/2020/01/IRMHA-Final-report-18-12-19-2.pdf

17. More generally, two Supreme Court decisions (Welsh Ministers v PJ [2018] UKSC 66 and Secretary of State for Justice v MM [2018] UKSC 60) highlighted issues with packages of 24/7 care that involve a level of restriction, supervision and monitoring that amount to a deprivation of liberty. Available at: https://www.supremecourt.uk/cases/uksc-2017-0212.html and https://www.supremecourt.uk/cases/uksc-2018-0037.html

18. See Forensic Network (2019a) Guidance on patient referral to or within Scottish high and medium secure services. Available at: https://www.forensicnetwork.scot.nhs.uk/wp-content/uploads/Guidance-on-Patient-Referral-to-High-Medium-Security-FINAL.pdf

19. See HM Inspectorate of Prisons for Scotland (2019) Report on an expert review of the provision of mental health services, for young people entering and in custody at HMP YOI Polmont. HMIPS. Available at: https://www.prisonsinspectoratescotland.gov.uk/publications/report-expert-review-provision-mental-health-services-hmp-yoi-polmont

20. See Population Health Directorate (2019) Inpatient Census 2019: parts one and two. Edinburgh. Available at: https://www.gov.scot/publications/inpatient-census-2019-part-1-mental-health-learning-disability-inpatient-bed-census-part-2-out-scotland-nhs-placements.

21. See Justice Directorate (2020) Appropriate Adults: guidance for local authorities. Edinburgh. Available at: https://www.gov.scot/publications/appropriate-adults-guidance-local-authorities

22. See Mental Welfare Commission for Scotland (2017) Visit and monitoring report: Medium and low secure forensic wards. [Online]. Available at: https://www.mwcscot.org.uk/sites/default/files/2019-06/medium_and_low_secure_forensic_wards.pdf

23. See Royal College of Psychiatrists (2018) Personality disorder in Scotland: raising awareness, raising expectations, raising hope. (College Report CR214). Available at: https://www.rcpsych.ac.uk/docs/default-source/improving-care/better-mh-policy/college-reports/college-report-cr214.pdf

24. See Forensic Network (2019a) Guidance on patient referral to or within Scottish high and medium secure services. Available at: https://www.forensicnetwork.scot.nhs.uk/wp-content/uploads/Guidance-on-Patient-Referral-to-High-Medium-Security-FINAL.pdf

25. The use of 'recorded matters' by Mental Health Tribunals is intended to ensure the provision of elements of care and treatment where a specific need has been identified for people of Compulsory Treatment Orders. If any recorded matter cannot be provided, the Responsible Medical Officer must report this back to the Tribunal. See Mental Welfare Commission for Scotland (2019b) Visit and monitoring report: Updated Survey of Recorded Matters. Edinburgh. Available at: https://www.mwcscot.org.uk/sites/default/files/2019-06/updated_survey_of_recorded_matters__2_.pdf

26. Community Health and Social Care Directorate (2015) National health and wellbeing outcomes framework: Embedding a human rights based approach. Available at: https://www.gov.scot/publications/national-health-wellbeing-outcomes-framework/pages/9/