Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what guidance she issues to mental health services on their obligations to a people that (a) police and (b) local authorities find too unwell to be in the community.

On 26 January 2024, new statutory guidance was published for those being discharged from mental health inpatient settings. This sets out how health and care systems can work together effectively to support the discharge process from all mental health inpatient settings, and ensure the right support in the community. The guidance also includes best practice on how patients and carers should be involved in discharge planning. There are currently no plans to update this guidance covering the process for discharge.

The Mental Health Act Code of Practice provides statutory guidance on the care and treatment of patients detained under the Mental Health Act, including consideration of whether someone is ready to be discharged, and who should be involved in making this decision.

As part of its planning guidance, NHS England has asked all local systems to review their community mental health services to ensure that they have clear policies and practice in place for patients with serious mental illness, who require intensive community treatment and follow-up, but where engagement is a challenge. NHS England plans to provide national guidance by Autumn 2024, to support these reviews. NHS England will consider further steps as appropriate, following the completion of the reviews.