Sobhia Khan

“Scrutiny of s.41 MHA 1983 cases by the Mental Health Tribunal. In this case [REDACTED] was discharged by the Ministry of Justice (MoJ) following the receipt of reports from Cygnet Hospital which were inadequate and misrepresented the progress he had made and the risk that he posed. Nonetheless there were indicators which should have led the MoJ to question whether this case should have been referred to a Mental Health Tribunal, such as [REDACTED] minimising his culpability for his previous off”

“Ensuring that s.41 restricted patients are supervised under a forensic pathway. In this case no such pathway even existed in the locality. This meant that [name redacted]'s supervision was inadequate having regard to the risk that he posed. Such orders are imposed to protect the public from the risk of serious harm.”

“Police power to arrest where there is a reason to believe a person is at risk of death/serious injury. Whilst I was critical of the failure of the police to take measures that were reasonably available to them to investigate the intelligence that had been received that [REDACTED] was in a relationship, the one power that was not available to them was to arrest him.”

“Ministry of Justice power to recall where a patient poses a significant risk to the public. The MoJ will not generally recall dangerous individuals unless there is a decline in their mental health presentation notwithstanding the fact that s.41 MHA 1983, to which [REDACTED] was subject, is designed to protect the public from serious harm.”

“Travel overseas for s.41 restricted patients. [REDACTED]was permitted to travel to and from Pakistan freely and to return seemingly as and when he saw fit. Whilst he was outside the jurisdiction there was no way of checking on him, including in terms of his mental health, but also his risk.”

“Clinicians should be provided with full reports when considering discharge. This was a particular concern in relation to the fact that those recommending discharge were not provided with the full Spousal Assault Risk Assessment, but only a summary.”