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PROCEDURE FOR THE TRANSFER FROM CUSTODY OF CHILDREN AND YOUNG PEOPLE TO AND FROM HOSPITAL UNDER THE MENTAL HEALTH ACT 1983 IN ENGLAND
This instruction applies to :- / Reference :-
Prisons / PSI 62/2011
Issue Date / Effective Date
Implementation Date / Expiry Date
28 November 2011 / 5 December 2011 / 27 December 2015
Issued on the authority of / NOMS Agency Board
For action by / Governing Governors
Directors of Contracted Prisons
Heads of Health Care
For information / Prison mental health in-reach teams, reception staff, custody office staff and all prison staff having contact with prisoners
Contact / Caroline Twitchett

0207 972 4221
Associated documents
Audit/monitoring :
Area Managers
Directorate of Offender Health
Strategic Health Authorities
Introduces amendments to the following documents:
PSI 50/2007 Mental Health Transfer

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CONTENTS

Section / Subject / Applies to
1 / Executive Summary
2 / Guidance

Link to Guidance - Procedure for the transfer from custody of children and young people to and from hospital under the Mental Health Act 1983 in England

1.Executive summary

This PSI introduces a revised ‘Procedure for the transfer from custody of children and young people to and from hospital under the Mental Health Act 1983 in England’ which replaces Appendix 1: Transfers for Young People under 18 , an annex to PSI 2007 050. The procedure has been developed to help colleagues work together more effectively to ensure the timely transfer of children and young people in detention who have severe mental health problems.

The document is based on the procedure for adults with two important differences. First, parents should be involved as much as possible in decisions about the hospitalisation of their children. Second, children and young people are, in general, more vulnerable because of their youth and lack of maturity. It is not acceptable that they remain in a custodial setting without the health oversight and expertise that their mental disorder requires. Best practice indicates that transfers of this type should happen within seven days.

Background

1.1Prior to the development of this procedure, the only available guidance for staff dealing with children and young people and needing to effect transfers of this type, was the appendix to the adult PSI 2007 – 050 Mental Health Transfers. This revised procedure has been developed as a standalone document suitable for use by the entire secure estate for young people (including Young Offender Institutions, Secure Children’s Homes and Secure Training Centres).

Desired outcomes

1.2Prisoners who may need treatment in hospital under Sections 47 or 48 of the Mental Health Act are identified and the appropriate referrals made, in a timely and efficient manner.

1.3Where the Secretary of State directs a transfer to or from hospital, the transfer is implemented in accordance with the direction (which is valid for 14 days).

Application

1.3Currently there are unacceptable delays in the transfer to and from custody of some children and young people experiencing severe mental health problems. Staff involved in the transfer of children under the Mental Health Act 1983, are encouraged to use this document to help children and young people in custody who need these services to access them with the same speed that children in the wider community should expect to experience. Staff should try, where possible, to transfer children needing transfer within seven days.

Mandatory actions

1.4Governors and and Directors of Contracted Prisons must ensure that the staff who have involvement in transferring children and young people to and from hospital under the Mental Health Act 1983 in England are aware of, and have understood, the new revised ‘Procedure for the transfer from custody of children and young people to and from hospital under the Mental Health Act 1983 in England’.

Resource Impact

1.5There should not be any additional work or resource implications as appropriate procedures should already be in place.

2.Guidance

Please see theLINKED best practice document ‘Procedure for the transfer from custody of children and young people to and from hospital under the Mental Health Act 1983 in England’.

(signed)

Richard Bradshaw

Director of Offender Health

PSI 62/2010UNCLASSIFIEDISSUE DATE 28/11/2011