Chapter 18 - Information-Sharing, Including With Victims of Crime Committed by Persons With Mental Disorders

Summary

This chapter discusses information-sharing, including with victims of crime committed by persons with mental disorders. In general, a patient’s treatment is confidential and, unless the patient consents to information being shared, this limits the information that can be disclosed. However, information about a patient can be disclosed to a third party such as a victim if other statutes, such as the Domestic Violence and Mental Health Acts, permit this. Information can also be disclosed if another person is at risk of harm if the information is not disclosed. Furthermore, the victims of specific violent and sexual offences have certain rights to information about the offender. This includes offenders subject to the MHA and detained in hospital or subject to compulsion in the community. Patients can be victims as well as perpetrators of crime, and professionals working in health, social care and the justice system require a robust understanding of when to share confidential information. The first half of the chapter provides information on relevant legislation and guidance to be considered when sharing information about patients in general. The second half is focused on legislation and guidance on information sharing by organisations supporting victims of crimes committed by mentally disordered offenders.