Dr Y complained on behalf of her client, Mr X, about the care that he was provided with at a secure institution providing mental health care funded by the Welsh Health Specialised Services Committee, in relation to his transfer from the institution back to prison. She complained that Mr X was excluded from his own treatment, that he was not provided with effective treatment adapted to his needs, that there was a failure to ensure that the prison could meet his needs, and that there was a failure to provide Mr X or the prison with a discharge plan.
The investigation found that relevant guidance stated that individuals should be involved in the discharge/transfer process, and, while Mr X had been advised a transfer was being considered, he was not told about his transfer to prison until it took place. However, it found that, under the circumstances (specifically Mr X’s recent incidents of aggression and violence, including to staff), the clinical decision made to not tell Mr X was reasonable. It found that Mr X was offered psychological assessment in order to better understand his treatment needs, but although this begun in September, due to Mr X not engaging fully with the sessions, it was not finalised until days before Mr X was transferred back to prison (the following February), and therefore the findings could not be implemented before this. It found that the prison had advised the institution that it could meet Mr X’s needs and it was reasonable for the institution to accept that, and although there was a dispute about whether all relevant information was provided to the prison (specifically the finalised results of the psychological assessment), enough information was provided to constitute a sufficient discharge plan. The complaints were therefore not upheld.