Adult Mental Health Services s2

Campion Place

Community Support Service

44-46 Elm Grove

Southsea

Hampshire

PO5 1JX

Tel: 023 9273 7106

Fax: 023 9281 5483

Adult Mental Health Services

Criminal Justice Team

Operational Framework

October 2005

July 2008

Aug 2010

CRIMINAL JUSTICE TEAM

CONTENTS

1.  INTRODUCTION

2.  BACKGROUND

3.  AIMS AND OBJECTIVES OF THE TEAM

4.  STAFF ROLES AND RESPONSIBILITIES IN BRIEF

5.  COURT LIAISON SCHEME

6.  FORENSIC SOCIAL WORKER

7.  FAIR OAK HOUSE WORKER ROLE

8.  TEAM STRUCTURE

9.  LOCATION AND CONTACT DETAILS

1.  INTRODUCTION

The Criminal Justice Team assists people with a mental illness or a learning disability from their earliest point of contact with the criminal justice system and throughout their involvement with criminal justice agencies.

Where appropriate people are diverted away from the criminal justice system and into appropriate treatment and care at the earliest opportunity. If a prosecution is pursued support is offered throughout the legal process.

Contact is maintained with clients who receive custodial sentences or who are detained under Part 111 of 1983 Mental Health Act and assistance is provided to resettle them into the community on release, prior to transferring them to local Community Mental Health Teams.

Some clients with complex needs who may be subject to restriction orders remain with the team and are managed or co-worked by team members by Forensic Social Workers.

Clients in the Low Secure Service or other secure settings are case managed by Forensic Social Workers.

2.  BACKGROUND

The Criminal Justice Consultative Council give impetus to the development of Mentally Disordered Offenders Schemes in its paper ‘Mentally Disordered Offenders’ published in July 1993 which spelt out Government objectives. These were as follows:

“The Government’s policy is that mentally disordered offenders needing care and treatment should receive it from health and social services and should be diverted from the criminal justice system at the earliest possible stage. It may be necessary to continue the prosecution of a mentally disordered person, if that is justified by the wider public interest – for example because of the gravity of the offence. However, appropriate disposals should be available to courts, in particular people needing treatment for mental disorder should not be detained inappropriately in prison. This policy was endorsed by the Department of Health/Home Office review of services for mentally disordered offenders (the “Reed Committee”), which said that services for mentally disordered offenders should be provided in accordance with the following principles. People should be cared for:

i.  with regard to the quality of care and proper attention to the needs of the individual;

ii.  as far as possible, in the community, rather than in institutional settings;

iii.  under conditions of no greater security than is justified by the degree of danger they present to themselves and others;

iv.  in such a way as to maximise rehabilitation and the chances of sustaining an independent life and;

v.  as near as possible to their own homes, or families, if they have them.

It is Government policy that mentally disordered people who are suspected of committing offences should be prosecuted only where this is required in the public interest. In all other circumstances, alternatives to prosecution should be found wherever possible. Where there is sufficient evidence to show that a mentally disordered person has committed an offence, careful consideration should be given by the Police and the Crown Prosecution Service to whether prosecution is required in the public interest. It is desirable that alternatives to prosecution, such as cautioning or no further action by the Police, admission to hospital (if the person’s mental condition requires hospital treatment), or support in the community, should be considered first, before any decision is taken to prosecute. Likewise, where prosecution is unavoidable in the public interest, or where a person’s need for treatment becomes apparent only after a case has been brought to court, suitable disposals to enable treatment to be provided should be considered at that stage. The government recognises that this policy can be effective only if the Courts and criminal justice agencies such as the Police and Probation Services have access to health and social services and can secure advice and help from them. This requires effective consultation and co-operation between all the agencies involved.”

More recently, the Bradley Report commissioned by the Ministry of Justice and published in April 2009, was the result of an independent review of the experience of people with mental health problems and people with learning disabilities in the criminal justice system. It made 82 recommendations for change. Among those were important new proposals to tackle the over-representation of people with mental health problems in prisons in England. They include the proposed creation of a national network of Criminal Justice Mental health Teams to divert people towards support from police stations, from courts and following release from prison. The report also called for a maximum of 14 day wait for people who need to be transferred from prison to hospital for urgent mental health treatment and for the NHS to take on responsibility for providing health services in police stations.

Another important national strategy document is Improving Health, Supporting Justice March 2008. This sets out a national strategy aimed at improving the health outcomes of people within the criminal justice system. It’s vision states that:

“Health and Social care services will be designed to meet the challenging range of needs offenders and their families have. These services focus upon social inclusion with enhanced access, assertive outreach with retention of care. Offenders and their families will receive standards of care equivalent to that of the wider community, which are well resourced and their effectiveness measured.”

3.  AIMS & OBJECTIVES OF THE TEAM

AIMS

1.  To identify people with mental health problems or learning disabilities at the earliest opportunity and to offer an assessment of their needs.

2.  To provide ongoing support to People with mental health problems and learning disabilities facing prosecution or involved in Criminal Proceeding.

3.  To ensure Criminal Justice Agencies take into account the needs of People with mental health problems and learning disabilities when considering suitable outcomes (disposals). This may include diversion where appropriate.

4.  To ensure People with mental health problems and learning disabilities receive appropriate treatment, care and support through liaison with referral to relevant agencies – both Statutory and Non Statutory.

5.  To promote a multi agency approach to working with People with mental health problems and learning disabilities through liaison, attendance at meetings, joint working and delivery of training.

OBJECTIVES

1. To provide or assist with case management for a small number of persistent or dangerous offenders with complex needs. To assist with addressing their offending behaviour.

2. To maintain contact with People with mental health problems and learning disabilities on remand or who have

received custodial sentences and to work in partnership with other agencies to assist with suitable arrangements for their return to the community.

3. To provide social work support and resettlement to clients in

special hospitals, prisons and other secure settings.

4. To provide social care for Portsmouth clients who are in-patients

of Fair Oak House and to participate in their resettlement and aftercare, prior to transfer back to the locality Community Mental Health Team.

5. To fulfil the Social Supervisor’s role for Conditionally Discharged

clients who are subject to Restriction Orders.

4.  STAFF ROLES & RESPONSIBILITIES IN BRIEF

DEPUTY TEAM MANAGER

·  Team Management and Development.

·  Project Development.

·  Chair of Portsmouth Law and Mental Health Group/liaison with Criminal Justice Agencies.

·  Tracking and monitoring of clients subject to restriction orders.

·  Management of small caseload.

·  Delivery of training.

·  ASW Duties

COURT LIAISON WORKERS

·  Daily contact with Police Station and Courts.

·  Diversion as appropriate.

·  Support throughout Criminal Justice Proceedings.

·  Immediate assistance with urgent problems.

·  Referral and re-referral to other agencies.

·  Write court reports (standard and fast track)

·  Make recommendations to court and probation on disposal

FORENSIC SOCIAL WORKER

·  Contact with People with mental health problems and learning disabilities in prison and links to their catchment area teams.

·  Assistance with resettlement in the community for former prisoners.

·  Partnership working with Police Community Safety Unit and with Probation Service for dangerous and prolific offenders.

·  Advice and consultation to other agencies on Criminal Justice issues.

·  ASW duties.

·  Social Care for in-patients of Fair Oak House.

·  Referral, outreach and follow up of potential and former in-patients of Fair Oak House and other secure settings.

·  Link worker to Special Hospitals and other secure units.

·  Social Supervision of Conditionally discharged clients subject to Restriction Orders.

COURT LIAISON SCHEME

OBJECTIVES

·  To accept referrals for People with mental health problems and learning disabilities from any source, at the earliest opportunity, through to the final outcome

·  To divert People with mental health problems and learning disabilities from the Criminal Justice System and into suitable treatment and care as appropriate.

·  To provide specialist reports to the defence solicitor or court.

·  To make recommendations on sentencing

·  To offer assistance and support to People with mental health problems and learning disabilities throughout their involvement in the legal process.

·  To refer to other services as required

·  To promote and participate in multi agency approaches to working with MDO’s.

CATCHMENT AREA

The scheme covers Portsmouth and is provided as a service to Portsmouth Bridewell and to Magistrates and Crown Courts.

REFERRAL CRITERIA

·  Referrals are accepted for people believed to be suffering from any form of mental disorder including: personality disorder, learning disability and acquired brain injury.

·  Clients must normally be 18 or over (Clients under 18 should be referred to the Unified Adolescent Team – Tel: 023 92 370013).

·  Referrals are not accepted for people whose sole presenting problem is substance misuse or dependency. These should be referred to the DIP (Drug Intervention Programme) / Cranston– Tel: 023 92 291607.

·  Clients must be actively involved in the Criminal Justice System at point of referral.

REFERRAL PROCEDURE

·  Court Liaison Workers attend Portsmouth Bridewell and the Magistrates Court each weekday so that referrals can be taken from Police Custody Officers, Court Workers (including Magistrates, Probation Officers, Solicitors etc) .

·  An Appropriate Adult Service (in accordance with the Police and Criminal Evidence Act 1984) is in operation and is managed by the South East Advocacy Project (SEAP). Appropriate Adults are encouraged to signpost clients to the Court Liaison service.

·  With the client’s permission, referrals can be made by any worker whose client is involved in criminal justice proceedings.

·  Self-referrals and referrals from relatives and carers are welcomed.

·  Referrals can be made by telephone, letter or fax. If a case is urgent (e.g. the client is currently in local police custody) a verbal referral can be made to any member of the Court Liaison Team.

·  In special circumstances, eg a client in custody, a client can be referred without their consent.

HOW THE SCHEME OPERATES

·  A COURT LIAISON worker is available each weekday to attend the Portsmouth Bridewell, Court cells and Portsmouth Magistrates and Crown Courts. The COURT LIAISON worker will each day visit the Portsmouth Bridewell, then the Court cells, moving onto the Magistrates Court and finally time permitting, the Crown Court in order to prioritise the workload for the day.

·  Clients may be interviewed while still in local police or court cells custody or, if they have already been released, in their own homes or at Campion Place.

·  Where appropriate COURT LIAISON workers will recommend diversion from the criminal justice system. This is achieved through discussion with the Police or representations to the Crown Prosecution Service or Courts depending on what stage the prosecution has reached.

·  Where diversion is inappropriate because of the seriousness of the offence or other issues COURT LIAISON workers will support clients throughout the criminal justice process and will ensure all relevant information is available to the courts. This includes information, which may affect sentencing.

·  COURT LIAISON workers will provide written MH & Social Circumstances reports at the request of the Court, the team will be supported by CMHT Care Co-ordinators (if the service user has an allocated mental health worker in primary or secondary care) in the report writing process.

·  In terms of ensuring clients receive appropriate treatment, care and support COURT LIAISON workers are able to provide immediate assistance with urgent problems such as accommodation and benefits either directly, or though referral to other community based services. In cases of emergency they may also refer to the CRHT for prompt mental health assessments.

·  COURT LIAISON workers do not act as care co-ordinators and will refer or re-refer clients to catchment area CMHTS (or other workgroups such as Learning Disability Services) for ongoing case management. They will also refer clients who are remanded in custody or serving prison terms.

·  The team will record client contacts as contemporaneously as possible.

SUPPORT

·  Each COURT LIAISON worker will support service users and will ensure that the Senior Practitioner is kept aware of pressures and who is being supported.

·  The COURT LIAISON team will comply with safety procedures put in place by the manager.

·  Monthly supervision, caseload management, 1:1 will be available for each member of the team.

6. THE FORENSIC SOCIAL WORK ROLE

AIMS

·  To maintain contact with clients on remand serving custodial sentences and to act as a link worker between prison and community based services.

·  To assist in the resettlement of clients leaving prison prior to referring or re-referring them to their catchment area CMHTs or other teams.

·  To act as keyworker for clients in other secure settings such as Special Hospitals.

·  To work closely with the Police Community Safety Unit in addressing the risks and needs of dangerous or prolific offenders while also addressing issues of public safety.