Discharge condition preventing me from spending any night at my girlfriend's

Law and practice Mental Health Act
1

My client has been conditionally discharged with a condition that he must sleep every night at his staffed placement and can only sleep elsewhere for even one night with the prior permission of his RC.

He has a girlfriend but he’s not allowed to bring her back to the placement.

I do know that sex is possible during daylight hours, but I don’t see how this condition is a) enforceable and b) consistent with para 64 of the MoJ’s own guidance:

Patients’ holidays
A conditionally discharged patient is not precluded by his status from having holidays away from home. The patient should always discuss plans for such holidays with the social supervisor so that the suitability of the arrangements can be considered. During the first six months after discharge, absences from home of more than a few days are not usually advisable. If the patient is to be away for two weeks or more the social supervisor should notify the social services department or probation service (as appropriate) in the holiday area and should inform the patient whom to contact there in case of any problems arising. Holidays abroad do not allow any form of supervision to continue and should be considered very carefully. Any proposals for the patient to leave the United Kingdom should be put to the Ministry of Justice for consideration. The Secretary of State has no power to prevent a conditionally discharged patient from travelling abroad, but he expects that any such proposal will have received the most careful risk assessment on the clear understanding that neither he nor the supervisor has any authority over the patient once out of the country.

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How many conditions are actually enforceable?

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I’ve never come across a condition so precise as to say the patient must sleep at the accommodation and wonder if the discharging tribunal have erred when putting that in place

It would seem unnecessarily restrictive and arduous to work around

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I have come across a similar condition on a number of occasions, sadly. It is wording that some Judges favour. Perhaps the clients I have had experience it have been fortunate, insofar as the RC has always been reasonable (and quite laid back) with how it is implemented if the patient wants to visit family, etc.

I may be mistaken, but isn’t it the understanding in any event that when a condition specifies that a patient ‘lives’ or ‘stays’ at particular accommodation, they are expected to be there at midnight each night?

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As a social supervisor my understanding is that conditions are closer to guidance than being legally enforceable - though this condition of residence is typical of s.41 restrictions.

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That doesn’t seem to be borne out by the guidance. I ‘reside’ in my house but I’m off to an AirB’n’B next week.

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7

Thanks for responding

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