We have a client who is an IPP detained in hospital under s47/49 MHA.
We represented the client before the Mental Health Tribunal in 2022 in which the panel made a recommendation under s74(1)(b) that he should continue to be detained in hospital pending a referral to the Parole Board.
We then represented the client before the Parole Board this year however there had been adverse developments recently before the parole hearing resulting in the parole board concluding the case on the papers and not directing release. The adverse developments were concerns regarding his mental health in that he had de-stabilised in a less secure ward and obviously the MHRT would not have been aware of this at the time of their decision.
We have received the written decision of the Parole Board today in which they suggest that the decision of the clinical team not to refer his case back to the Mental Health Tribunal was flawed.
The Parole Board guidance (October 2020) states:
Where the Parole Board considers the case, but does not direct release, the restricted patient remains detained under the MHA and continues to be subject to that regime (i.e. a new decision from the Tribunal is required before the case is referred to the Parole Board again, or the restricted patient is remitted to prison).
We cannot find anything in statute under the MHA regarding whether our client’s case would need to be reconsidered by the MHRT. We cannot find anything on Mental Health Law online covering this either.
Any advice would be greatly appreciated.