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Authors' reply

Published online by Cambridge University Press:  02 January 2018

L. Birmingham  and
J. O'Grady
L. Birmingham
Affiliation:
University of Southampton School of Medicine, Community Clinical Sciences Research Division, Ravenswood House, Medium Secure Unit, Knowle, Fareham, Hampshire PO17 5NA, UK
J. O'Grady
Affiliation:
University of Southampton School of Medicine, Community Clinical Sciences Research Division, Ravenswood House, Medium Secure Unit, Knowle, Fareham, Hampshire PO17 5NA, UK
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Abstract

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The British Journal of Psychiatry , Volume 183 , Issue 2 , August 2003 , pp. 171 - 172
Copyright
Copyright © 2003 The Royal College of Psychiatrists 

We fail to understand Dr Qurashi's comment that ‘separate legislation is therefore unnecessary’. Our paper sets out a policy for providing treatment to people with mental disorder based on common law (Reference Earthrowl, O'Grady and BirminghamEarthrowl et al, 2003). We are not proposing separate legislation.

Dr Qurashi also mentions that we appear to have overlooked recent guidance from the Department of Health (2002). The Department of Health guidelines were produced in July 2002, after our paper was accepted for publication.

These guidelines provide guidance on establishing capacity but, in our opinion, they do not tackle the practical issues relating to the management of prisoners with mental disorder in any great detail, they do not deal with the ethical issues surrounding the provision of an equivalent service in prisons adequately and detailed guidance on making a concerted effort to obtain treatment under the Mental Health Act in hospital before proceeding with treatment under common law is lacking. In our view, these are serious omissions.

Footnotes

EDITED BY STANLEY ZAMMIT

Declaration of interest

J.O. is a member of the Department of Health Prison Expert Group.

References

Department of Health (2002) Seeking Consent: Working with People in Prison. London: Department of Health.Google Scholar
Earthrowl, M., O'Grady, J. & Birmingham, L. (2003) Providing treatment to prisoners with mental disorders: development of a policy. Selective literature review and expert consultation exercise. British Journal of Psychiatry, 182, 299–302.CrossRefGoogle ScholarPubMed
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