Medical evidence for the purposes of recall to hospital under Section 42(3) of the Mental Health Act 1983

Abstract

In emergency situations, a telephone call to the Mental Health Unit of the Home Office would be acceptable for the recall of a conditionally discharged restricted patient to hospital, but the caller should and the recipient of the telephone call must make a contemporaneous written record of the information provided. In all other circumstances, a written report to the Home Office is an absolute requirement, without which the recall would be a breach of the patient's rights under Article 5(1) of the European Convention on Human Rights. In all circumstances, the medical evidence must be up to date and objective, demonstrate that the patient is suffering from a true mental disorder, and show that the criteria for detention are met. As required by Article 5(2) of the Convention, the patient must be informed immediately, in writing, why he or she has been recalled to hospital, by supplying copies of the written records of the telephone message or the written report to the Home Office.

Keywords:

• Mentally disordered offenders
• hospital order
• restriction order
• absolute discharge
• conditional discharge

Acknowledgements

I am very grateful to Mr. Richard M. Jones for his assistance with this paper, in particular his initial confirmation that a written report was an absolute requirement in non-emergency cases, and his subsequent direction of my attention to the High Court's decision in R(B) v MHRT.