---

Mental Health Bill [Lords]

The new clause, new schedule and amendment relate to the Domestic Violence, Crime and Victims Act 2004. They extend the rights of victims of mentally disordered offenders to receive information and make representations about a patient’s discharge. I pay particular tribute to the work of the Zito Trust and Victims Voice, with whom we had several meetings, who have made strong representations about extending the rights of victims in such tragic circumstances. I also pay tribute to the work of my hon. Friends the Members for Slough (Fiona Mactaggart), who has been very involved in the issue, and for Bridgend (Mrs. Moon), who raised it in Committee. I am glad to say that I think that the provisions will have cross-party support, showing the importance that Parliament attaches to treating victims with respect and dignity. Those issues were debated in Committee and the other place, and we introduced amending provisions in response to those debates. The amending provisions relate to persons with a mental disorder who have been convicted of a criminal offence of a sexual or violent nature, but who are not made subject to restrictions. Unlike the victims of offenders given restricted orders, these victims are not told when the offender is discharged from detention in hospital. In responding to the pre-legislative scrutiny Committee report on the 2004 draft Bill, we said that we would consider how victims’ rights might be extended to cover victims of serious offences where no restrictions had been imposed. The amending provisions also help to deliver that commitment. The Government believe that the key ways of helping victims of crime are through support services, allowing victims’ voices to be heard in court and providing information, which can take several forms. For example, there is information on where to seek help and advice; on the progress of a case from the point of report through to the end of the criminal case; and on when the offender is released. Much of that was included in the code of practice for victims of crime, which set out for the first time the obligations of the criminal justice system towards victims. It is also important to recognise that we looked into how to extend victims’ rights further. We shall table amendments that reflect discussions on the importance of information about what has happened to restricted patients, but we are also extending provisions to include circumstances where patients are not restricted. Many victims’ organisations have stressed to us the importance of sharing information between agencies, and we must recognise that. The draft illustrative code of practice, at chapter 34A, deals with public bodies’ sharing of information in order to address risk. It is important to acknowledge that some considerations need to be taken into account where confidentiality is crucial, and patients are entitled to know that their rights will be respected to that extent, but it is also important to recognise that many victims’ organisations made it very clear to us that information about risk should be shared between different agencies—even when the information is about someone detained under the Mental Health Act. We will consult further on the draft code of practice and information sharing so that we can consider bolstering our guidance. As I said, patients have a right to confidentiality, but the public have a right to know that systems and services are in place to support people with a mental disorder. Victims need to know when an offender has been released in order to reassure them about their future safety. The amending provisions are designed to extend to more victims the protections put in place by the Domestic Violence, Crime and Victims Act, which sets out the current rights of victims of mentally disordered offenders. Under that Act, victims are entitled to receive information where the following apply: first, where a person is convicted of a violent or sexual offence; secondly, when he receives a hospital order or a hospital direction, or is transferred from prison to hospital under a transfer direction; and, thirdly, where he is made subject to special restrictions, respectively a restriction order, a limitation direction or a restriction direction. If those circumstances apply, the victim has the right to elect to receive information about the patient’s discharge from hospital; to make representations about whether the patient should be subject to any conditions in the event of his discharge; and to receive information about the discharge and any conditions imposed for the victim’s protection. The amending provisions extend those very important rights to victims of mentally disordered offenders who are convicted of violent or sexual offences, but not made subject to special restrictions. The process will be similar to the current one for offenders who receive restricted hospital orders. The local probation board must take reasonable steps to establish whether a victim wishes to make representations about whether the patient should be subject to any conditions in the event of his discharge from hospital. It must also establish whether the victim wishes to receive information about any conditions to which the patient is subject in the event of his discharge from hospital. Where the victim so wishes, the probation board must notify the relevant hospital managers of the victim’s wish and their name and address, so that they may be contacted. Should the victim wish to rescind their request for information or notify the board of any change in their contact details, the board must notify him of the contact details for the hospital manager. A victim who initially declines to make representations or receive information, but changes their mind, may contact the local probation board. To facilitate the making of representations, the responsible clinician is required to inform hospital managers whether he is considering discharging a patient, making a community treatment order or varying the conditions of an order. There is a duty to inform hospital managers when any other person is considering discharging the patient under section 23(3), and when an application is made to the mental health review tribunal. On receipt of such information, hospital managers must notify the victim that discharge is being considered, giving the victim the opportunity to make representations if they wish. Hospital managers must forward representations to those who have the power to consider the patient’s discharge from detention, or discharge on a community treatment order. The responsible clinician must inform hospital managers whether a patient is to be discharged or a community treatment order is to be made. If so, managers must be told whether any of the conditions in the order relate to contact with the victim or their family. The clinician must also notify them of whether any conditions relating to the victim or their family are to be altered or added. Finally, he must notify them if a community treatment order is to cease to be in force, and the date on which it is to cease, and if the conditions for a patient’s authority for detention are no longer met. A person who is to discharge a patient under section 23(3) must also inform hospital managers, as must the tribunal if it directs that a patient is to be discharged. When hospital managers receive this information, they must take all reasonable steps to pass it to the victim. They may also provide such other information as they consider appropriate. The same notification requirements will apply when a victim has elected to make representations, or to receive information about a person subject to a hospital order with restrictions, and the restriction order is lifted while the hospital order remains in force. Those rights will also apply to the victims of persons made subject to a hospital and limitation direction where the direction ceases to have effect, and in cases where convicted persons are transferred to hospital under a transfer direction without a restriction direction, or where the restriction direction is removed. As I said, many organisations representing victims, particularly the Zito Trust and Victims Voice, have campaigned for these provisions for a number of years, so I am glad that we have been able to introduce them in the Bill. It is the right thing to do and I am grateful for the support that I hope will be given from both sides of the House. The amendments are important and will send a real message of our support.