# Parole Board access to MH info/reports for historic patient **URL:** \ **Category:** Other\ **Created:** [21 August 2024 13:53 UTC](https://forum.mentalhealthlaw.co.uk/t/parole-board-access-to-mh-info-reports-for-historic-patient/2660 "2024-08-21T13:53:18Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![ClementAttlee](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/bcef8e/32.png) [@ClementAttlee](https://forum.mentalhealthlaw.co.uk/u/ClementAttlee)\ **Post date:** [21 August 2024 13:53 UTC](https://forum.mentalhealthlaw.co.uk/t/parole-board-access-to-mh-info-reports-for-historic-patient/2660/1 "2024-08-21T13:53:18Z")
We had a S47/49 patient (35 plus years over tariff) however we sent him back to HMP. Several months later the Parole Board has requested Reports and info from his stay in hospital. Do we have to provide this or do we need his consent- The PB think they don’t need to get consent and we should send : ‘within the Generic Parole Process Policy Framework in section 3.12.12 the prisoner’s consent is not required as these documents fall under those listed on the Schedule to the 2019 Rules’. ---
**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Post date:** [21 August 2024 22:04 UTC](https://forum.mentalhealthlaw.co.uk/t/parole-board-access-to-mh-info-reports-for-historic-patient/2660/2 "2024-08-21T22:04:34Z")
I would interpret [Section 3.12.12](https://assets.publishing.service.gov.uk/media/64dc8d80c8dee400127f1d59/generic-parole-process-pf.pdf) as only applying to the PPCS - “_Where available, PPCS are obliged to include any Mental Health Tribunal/specialist reports (written whilst detained under MHA) within the referral to the Parole Board. The prisoner’s consent is not required as these documents fall under those listed on the Schedule to the 2019 Rules_.” Rule 16 & the attached schedule in the [2019 Rules](https://www.mentalhealthlaw.co.uk/Parole_Board_Rules_2019) refers to information disclosed by the Secretary of State for Justice (and by extension PPCS). I think consent would be required for the hospital to disclose directly. I think the request would be more aptly made to MHCS at MoJ - that would fall under the purview of the SoSJ to authorise disclosure (and they’d have all the same information). ---
**Author:** ![Forensic\_Psych](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/f/e19adc/32.png) [@Forensic\_Psych](https://forum.mentalhealthlaw.co.uk/u/Forensic_Psych)\ **Post date:** [22 August 2024 16:43 UTC](https://forum.mentalhealthlaw.co.uk/t/parole-board-access-to-mh-info-reports-for-historic-patient/2660/3 "2024-08-22T16:43:12Z")
Patient consent is a must before you can release notes for parole board or for court matters