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Black communities, mental health and the criminal justice system

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Mental <strong>health</strong> <strong>and</strong> crime briefing 20071<strong>Black</strong> <strong>communities</strong>,<strong>mental</strong> <strong>health</strong> <strong>and</strong> <strong>the</strong><strong>criminal</strong> <strong>justice</strong> <strong>system</strong>ContentsIntroduction page 1The <strong>criminal</strong> <strong>justice</strong> <strong>system</strong> page 2The <strong>mental</strong> <strong>health</strong> <strong>system</strong> page 3Government strategy <strong>and</strong> policydevelopment page 5Effecting change page 6Conclusion page 8Nacro believes that responses to <strong>mental</strong>lydisordered offenders should focuson <strong>the</strong>ir care <strong>and</strong> treatment ra<strong>the</strong>r than onpunishment. To help bring about thischange, Nacro campaigns for:more effective working partnershipsbetween agencies<strong>the</strong> development of specialist skills in<strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>better information sharing<strong>the</strong> education <strong>and</strong> training of staff sothat <strong>the</strong>y have <strong>the</strong> skills <strong>and</strong>encouragement <strong>the</strong>y need towork with a group who can be difficult<strong>and</strong> unrewarding.Nacro’s Mental Health Unit has beenworking to tackle problems faced by<strong>mental</strong>ly disordered offenders since 1990.We work with government agencies at anational <strong>and</strong> local level to develop moreeffective ways to deal with <strong>mental</strong>lydisordered offenders. We provide a rangeof services: information <strong>and</strong> advice; policydevelopment <strong>and</strong> o<strong>the</strong>r consultancyservices; <strong>and</strong> training. We also run a majorannual conference on <strong>mental</strong> <strong>health</strong> <strong>and</strong>crime.Nacro has a specialist <strong>mental</strong> <strong>health</strong>website which offers information <strong>and</strong>support for practitioners <strong>and</strong> policymakersworking in <strong>the</strong> field of <strong>criminal</strong><strong>justice</strong> <strong>and</strong> <strong>mental</strong> <strong>health</strong>. To find outmore, visit www.nacro<strong>mental</strong><strong>health</strong>.org.ukor contact <strong>the</strong> Mental Health Unit on020 7840 6718, 020 7582 6500 or at<strong>mental</strong><strong>health</strong>@nacro.org.ukwww.nacro<strong>mental</strong><strong>health</strong>.org.ukNacro is a registered charity no.226171IntroductionResearch studies <strong>and</strong> data monitoring have consistently shown that ofall <strong>the</strong> black <strong>and</strong> minority ethnic (BME) groups in Britain, those fromblack <strong>communities</strong> in particular are disproportionately represented inboth <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>and</strong> <strong>the</strong> <strong>mental</strong> <strong>health</strong> <strong>system</strong>s. 1 This anomalyis compounded by <strong>the</strong> fact that both <strong>system</strong>s seriously disadvantageblack people once within <strong>the</strong>ir remit. This briefing examines <strong>the</strong> extentof <strong>the</strong>se two interconnected problems, <strong>the</strong> underlying causes <strong>and</strong>recent policy <strong>and</strong> strategy developments, before makingrecommendations for change.Despite various policy initiatives in recent years, little progress hasbeen made in tackling this important subject. Home Office statisticshave consistently borne out <strong>the</strong> discrimination experienced byblack people who come into contact with <strong>criminal</strong> <strong>justice</strong> agencies<strong>and</strong> <strong>the</strong> Department of Health has admitted that <strong>the</strong>re is an undueemphasis on coercive models of treatment for black <strong>mental</strong> <strong>health</strong>patients, with organisational requirements often taking precedenceover <strong>the</strong>ir individual needs. 2 Figures show that black people areincreasingly over-represented at each heightened level of securityin <strong>the</strong> psychiatric process from informal to civil detention, <strong>and</strong> <strong>the</strong>nin detention on forensic sections within <strong>the</strong> courts <strong>and</strong> <strong>criminal</strong><strong>justice</strong> <strong>system</strong>. 3 Moreover, <strong>the</strong> fact that <strong>the</strong>re are such highnumbers of black people coming into <strong>criminal</strong> <strong>justice</strong> settings,coupled with <strong>the</strong> discrimination <strong>the</strong>y experience once <strong>the</strong>re, resultin <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong> often acting as a gateway to <strong>the</strong><strong>mental</strong> <strong>health</strong> <strong>system</strong> for many black offenders. Indeed recentfigures show that black <strong>communities</strong> are over 40% more likely thanaverage to be referred to <strong>mental</strong> <strong>health</strong> services through <strong>the</strong><strong>criminal</strong> <strong>justice</strong> <strong>system</strong>. 4 With this in mind, this briefing looks inparticular at black <strong>mental</strong>ly disordered offenders who are exposedto both <strong>system</strong>s.Given <strong>the</strong> unequal treatment <strong>and</strong> over-representation that exists inboth <strong>the</strong>se fields, it is crucial that <strong>the</strong> <strong>health</strong>, <strong>criminal</strong> <strong>justice</strong> <strong>and</strong>social care agencies find ways of working with black <strong>communities</strong>to address <strong>the</strong>se problems. In focusing on <strong>the</strong> precise nature of <strong>the</strong>discrimination in <strong>the</strong> <strong>system</strong>, <strong>the</strong> actual pathways which bring blackpeople into <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>and</strong> <strong>mental</strong> <strong>health</strong> <strong>system</strong>s, <strong>the</strong> typeof treatment <strong>and</strong> care black <strong>mental</strong>ly disordered offenders receiveas well as shortcomings in current policy, this briefing seeks tocreate fur<strong>the</strong>r awareness of this important topic for all thoseworking in <strong>the</strong> <strong>system</strong>, as well as making suggestions forpractitioners in order to improve practice.


2<strong>Black</strong> <strong>communities</strong>, <strong>mental</strong> <strong>health</strong> <strong>and</strong> <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>The <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>Discrimination from <strong>criminal</strong> <strong>justice</strong> agenciesHome Office statistics produced annually undersection 95 of <strong>the</strong> Criminal Justice Act 1991 reveal<strong>the</strong> extent of <strong>the</strong> disproportionate involvement ofblack people with <strong>criminal</strong> <strong>justice</strong> agencies assuspects, defendants <strong>and</strong> prisoners. To fullyappreciate <strong>the</strong> implications of <strong>the</strong> following figures,it should be remembered that of <strong>the</strong> population inEngl<strong>and</strong> <strong>and</strong> Wales, just 1.1% are <strong>Black</strong> Caribbean,0.9% are <strong>Black</strong> African <strong>and</strong> 0.2% are from o<strong>the</strong>r blackgroups. 5 The statistics for 2004-5 6 show that:<strong>Black</strong> people were six times more likely thanwhite people to be stopped <strong>and</strong> searched undersection 1 of <strong>the</strong> Police <strong>and</strong> Criminal Evidence Act1984 compared to Asian people who were twiceas likely as white people to be stopped <strong>and</strong>searched.Searches recorded by police under section 60 of<strong>the</strong> Criminal Justice <strong>and</strong> Public Order Act 1994show that 56% of searches were of white people,24% were of black people, while 17% were ofAsians.Of <strong>the</strong> searches made under Sections 44 (1) <strong>and</strong>44 (2) of <strong>the</strong> Terrorism Act 2000 73% were ofwhite people, 8% were of black people <strong>and</strong> 11%were of Asians, with 5% being carried out onthose of ‘O<strong>the</strong>r’ ethnic origin.Of <strong>the</strong> 1.3 million arrests made for notifiableoffences, 9% of <strong>the</strong>m were black people, 5% Asianpeople <strong>and</strong> 1.5% came from ‘o<strong>the</strong>r’ ethnic groups.<strong>Black</strong> people were more likely than white peopleto be committed at magistrates’ courts to betried by a jury at <strong>the</strong> Crown Court.The proportion of black prisoners who areBritish nationals in <strong>the</strong> prison population is fivetimes higher than for white people.In addition, higher proportions of black people(particularly young people) were likely to bestopped by police, arrested <strong>and</strong> once arrested, lesslikely to be cautioned. Similarly, black people weremore likely to be rem<strong>and</strong>ed in custody, more likelyto plead not guilty <strong>and</strong> where found guilty <strong>the</strong>ywere also more likely to receive longer custodialsentences than <strong>the</strong>ir white contemporaries. 7 Evenbefore coming to trial, an analysis of 13,000 casefiles carried out by <strong>the</strong> Crown Prosecution Servicefound that <strong>the</strong>re were more likely to be objectionsto bail for black males than for white males. 8Figures such as this reveal that black <strong>communities</strong>are over-represented at each stage of <strong>the</strong> <strong>criminal</strong><strong>justice</strong> process from initial contact right throughto sentencing.There are various criminological explanations as to<strong>the</strong> root of this anomaly which include policediscrimination, socio-demographic factors, <strong>and</strong> <strong>the</strong>fact that black people who have previouslycommitted offences are known to <strong>the</strong> police <strong>and</strong> are<strong>the</strong>refore perhaps more easily detected. However,<strong>the</strong> figures cannot just be explained away by <strong>the</strong>notion that black people are more likely to offendthan o<strong>the</strong>r groups. 9 Indeed <strong>the</strong> lifetime offendingrate for black males is in fact significantly lowerthan that for white males. 10GenderGiven that <strong>the</strong>re are higher rates of black women inprisons than men, <strong>and</strong> that <strong>the</strong>re is a higherincidence of black women within psychiatric carethan white women, it is concerning thatexamination of <strong>the</strong> needs of black female <strong>mental</strong>lydisordered offenders is so conspicuously absentfrom research literature <strong>and</strong> policy initiatives. InJune 2004, <strong>the</strong> percentage of foreign nationalwomen in prison made up 25% of <strong>the</strong> female prisonpopulation. Notably, over 50% of female foreignnational prisoners were from Jamaica with over 90%of <strong>the</strong>se receiving custodial sentences for drugimportation. 11 Usually minor players inconsiderably larger operations, <strong>the</strong>se womenundergo <strong>the</strong> trauma of separation from family,children <strong>and</strong> <strong>the</strong>ir homel<strong>and</strong> for what are often verylengthy periods, which is bound to have adebilitating effect on <strong>the</strong>ir <strong>mental</strong> <strong>health</strong>.Immigration <strong>and</strong> asylumIndeed foreign nationals make up one third of allprisoners who are ei<strong>the</strong>r black or minority ethnic. 12The proportion of foreign nationals amongst <strong>the</strong>number of black <strong>mental</strong>ly disordered offenders islikely to increase fur<strong>the</strong>r in future, given <strong>the</strong>introduction of <strong>the</strong> Asylum <strong>and</strong> Immigration Act2004 which has, for <strong>the</strong> first time, made it a<strong>criminal</strong> offence for someone to enter <strong>the</strong> UK whodoes not have a passport or who has destroyedtravel documents or who, once within <strong>the</strong> UK,refuses to co-operate with arrangements for <strong>the</strong>irremoval. Those claiming asylum or refugee statusare likely to have undergone considerable <strong>mental</strong>stress <strong>and</strong> trauma <strong>and</strong>, if this is not effectivelyaddressed, <strong>the</strong> trauma of <strong>the</strong> asylum experiencecould potentially bring to <strong>the</strong> surface any latentdistress <strong>the</strong>y may have experienced previously. 13ResettlementDiscrimination experienced within <strong>the</strong> <strong>criminal</strong><strong>justice</strong> <strong>system</strong> is compounded for many blackpeople by difficulties <strong>the</strong>y encounter followingrelease. A 2005 study by Nacro found that blackprisoners are less likely than <strong>the</strong>ir whiteNacro <strong>mental</strong> <strong>health</strong> <strong>and</strong> crime briefing


4<strong>Black</strong> <strong>communities</strong>, <strong>mental</strong> <strong>health</strong> <strong>and</strong> <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>stereotypical views can often combine with <strong>the</strong>stigma <strong>and</strong> anxiety associated with <strong>mental</strong> illness toundermine <strong>the</strong> ways in which <strong>mental</strong> <strong>health</strong>services respond to black <strong>communities</strong>, affectingdecisions about treatment, medication <strong>and</strong>restriction. NIMHE has noted <strong>the</strong> disproportionatelyhigh rate of schizophrenia diagnosed among black<strong>mental</strong> <strong>health</strong> patients <strong>and</strong> <strong>the</strong> fact that blackpatients generally remain in hospital on a sectionfor longer than <strong>the</strong>ir white contemporaries. 30The fact that <strong>the</strong>re are disproportionate numbers ofblack people coming into <strong>the</strong> <strong>mental</strong> <strong>health</strong> servicesfrom a <strong>criminal</strong> <strong>justice</strong> context means that thisgroup of <strong>mental</strong>ly disordered offenders is oftenviewed by staff as presenting an increased securityrisk compared to that posed by o<strong>the</strong>r groups. Astudy into decision-making in <strong>the</strong> <strong>mental</strong> <strong>health</strong>sectioning process showed professionals made astrong link between black patients <strong>and</strong> a notion ofheightened risk, 31 with <strong>the</strong> result that additionalsafety precautions were frequently seen asnecessary. For example approved social workers(who play a key role in <strong>the</strong> civil sectioning process)are more likely to request a police presence whentaking a black patient to hospital. Prins et al whoseinquiry examined <strong>the</strong> treatment of black <strong>mental</strong>lydisordered offenders found <strong>the</strong>y are also morelikely to be detained in <strong>the</strong> locked wards ofpsychiatric hospitals <strong>and</strong> more likely to betransferred to higher security facilities (<strong>and</strong> forlonger) than white patients. 32NIMHE has also found <strong>the</strong>re is a greater likelihoodof <strong>the</strong> use of coercive treatments for black patientsthan white. 33 Figures for 2005 show that blackpatients are more likely to experience physicalseclusion <strong>and</strong> restraint than o<strong>the</strong>r groups, 34 with<strong>the</strong> most recent figures for 2006 revealing aparticularly high rate of h<strong>and</strong>s-on restraint for thisgroup. 35 Set against this backdrop, it is perhapsunsurprising that black patients are also less likelyto receive benign forms of psycho<strong>the</strong>rapeutictreatment such as psycho<strong>the</strong>rapy <strong>and</strong> counsellingthan <strong>the</strong>ir white counterparts <strong>and</strong> more likely toreceive higher doses of medication, being ‘oftensubjected to heavy doses of drug cocktails whichhas led to deaths in HM prisons <strong>and</strong> specialhospitals’. 36Inquiries such as those into <strong>the</strong> death of Orville<strong>Black</strong>wood have raised concerns about <strong>the</strong> use ofsuch force <strong>and</strong> increased medication as a means ofcontrolling <strong>the</strong> perceived increased security riskassociated with some black patients. Fur<strong>the</strong>rmore,<strong>the</strong> government has openly admitted <strong>the</strong> scale of<strong>the</strong> problem. In February 2004, in a speech inresponse to <strong>the</strong> publication of a report into <strong>the</strong>death of David Bennett, a black patient who died ina medium secure setting after being restrained bystaff, <strong>the</strong> <strong>the</strong>n Secretary of State for Healthconceded <strong>the</strong>re was both direct <strong>and</strong> indirectdiscrimination in services, admitting ‘Behaviours<strong>and</strong> processes that have grown up in <strong>mental</strong> <strong>health</strong>services mean that <strong>the</strong>re is particular inequity in<strong>the</strong> provision of care <strong>and</strong> outcomes for people fromblack <strong>and</strong> ethnic minority groups.’Alternative servicesThe use of inappropriate treatment <strong>and</strong>discriminatory processes within <strong>mental</strong> <strong>health</strong>services is not a recent phenomenon. In <strong>the</strong> lateeighties <strong>and</strong> early nineties, <strong>the</strong>re was increasingdiscussion on providing more appropriatetreatment <strong>and</strong> care for <strong>mental</strong>ly disorderedoffenders in hospitals <strong>and</strong> care settings, asexpounded in <strong>the</strong> Home Office Circular of 1990Provision for Mentally Disordered Offenders. 37 But bythis time, given <strong>the</strong> disproportionately high use ofpsychiatric rem<strong>and</strong>s by magistrates <strong>and</strong> a similartrend in <strong>the</strong> use of transfers from prison to secure<strong>mental</strong> <strong>health</strong> settings, many black <strong>communities</strong><strong>and</strong> <strong>mental</strong> <strong>health</strong> groups had become increasinglyaware of <strong>the</strong> risk of a ‘double jeopardy’ scenariowhere diversion could effectively mean <strong>the</strong> transferfrom one potentially discriminatory <strong>and</strong> damaging<strong>system</strong> to ano<strong>the</strong>r. They realised <strong>the</strong>re mightactually be too much diversion from <strong>criminal</strong><strong>justice</strong> to psychiatry for black people without <strong>the</strong>actual benefit of <strong>the</strong>m <strong>the</strong>n receiving appropriatetreatment <strong>and</strong> care. In response, some black<strong>communities</strong> started developing <strong>the</strong>ir own distinctservices.One such initiative was established in <strong>the</strong> Midl<strong>and</strong>swhich strove to divert African Caribbeans awayfrom psychiatric hospitals to community settings at<strong>the</strong>ir first point of contact with <strong>the</strong> psychiatricservices. 38 Intense support was provided to patientsat a location of <strong>the</strong>ir choosing <strong>and</strong> both users <strong>and</strong>carers were closely involved with <strong>the</strong> process.Admissions to hospital for <strong>the</strong> client group in thislocality were significantly reduced during <strong>the</strong> life ofthis initiative. While this alternative is notnecessarily appropriate for all <strong>mental</strong> <strong>health</strong>patients, it illustrates <strong>the</strong> fact that black<strong>communities</strong> were sufficiently disaffected byexisting provision to implement alternatives, <strong>and</strong>serves as an indicator of <strong>the</strong> additional work thatneeds to be done by <strong>criminal</strong> <strong>justice</strong>, <strong>health</strong> <strong>and</strong>social care agencies to engage black <strong>communities</strong><strong>and</strong> to gain <strong>the</strong>ir trust in <strong>the</strong> mainstream diversion<strong>and</strong> assessment process.Following <strong>the</strong> publication of <strong>the</strong> report into <strong>the</strong>death of David Bennett, 39 <strong>the</strong>re has been increasingdebate about separate services for ethnic minoritiesNacro <strong>mental</strong> <strong>health</strong> <strong>and</strong> crime briefing


5in general psychiatry <strong>and</strong> in some parts of <strong>the</strong> USA,separate in-patient services have been developed. 40It has been argued that separate services mightbetter serve black, as well as o<strong>the</strong>r minority ethnic,patients <strong>and</strong> <strong>the</strong>re might perhaps be increasedemphasis on communicating (between patient <strong>and</strong>practitioner) in a culturally informed way. 41 Thecounter-argument is that <strong>the</strong> creation of separateservices risks <strong>the</strong> development of a divisionbetween those professionals who ‘know’ how totreat <strong>and</strong> care for patients from minority groups,<strong>and</strong> those who ‘do not know’. The creation ofseparate services would appear to be an admissionof failure, not only of <strong>the</strong> current <strong>system</strong>’s ability toprovide adequate support <strong>and</strong> training withinexisting psychiatric services, but also of its abilityto address <strong>the</strong> funda<strong>mental</strong> question of why blackpatients, <strong>and</strong> especially black <strong>mental</strong>ly disorderedoffenders, are treated differently to white people inpsychiatry.Government strategy <strong>and</strong> policydevelopmentThe Reed ReviewIn <strong>the</strong> early 1990s The Review of Health <strong>and</strong> SocialServices for Mentally Disordered Offenders (knownas <strong>the</strong> ‘Reed Review’) by <strong>the</strong> Home Office <strong>and</strong> <strong>the</strong>Department of Health reported its findings. In its1994 volume entitled Race, Gender <strong>and</strong> EqualOpportunities, it recognised that African Caribbeanswere experiencing particular problems (as distinctfrom those encountered by BME <strong>communities</strong> as awhole) <strong>and</strong> that <strong>the</strong>refore <strong>the</strong>ir involvement wascrucial for improving service provision for <strong>the</strong>future, stating:‘It is important that diversion schemes providea service which is appropriate <strong>and</strong> acceptable.This will require <strong>the</strong> involvement of membersof <strong>the</strong> Afro-Caribbean community indeveloping <strong>the</strong> service, as well as <strong>the</strong>involvement of staff who are sensitive to <strong>the</strong>issues of race <strong>and</strong> culture <strong>and</strong> <strong>the</strong> implicationsof socio-economic disadvantage for ethnicminorities.’ 42It is significant that over a decade after <strong>the</strong> ReedReview, <strong>the</strong> over-representation <strong>and</strong> discriminationexperienced by black people in <strong>the</strong> <strong>mental</strong> <strong>health</strong><strong>system</strong> has still not been effectively addressed.However, <strong>the</strong>re have been some strategy <strong>and</strong> policydevelopments in this area in <strong>the</strong> meantime.‘Culturally capable’ servicesIn 2003 NIMHE set out in <strong>the</strong> progressive document,Inside Outside, its strategic objectives for improving<strong>mental</strong> <strong>health</strong> services for BME <strong>communities</strong> inEngl<strong>and</strong>. 43 These included <strong>the</strong> need to:reduce <strong>and</strong> eliminate ethnic inequalities in<strong>mental</strong> <strong>health</strong> service experience <strong>and</strong> outcomesdevelop a <strong>mental</strong> <strong>health</strong> workforce that iscapable of delivering effective <strong>mental</strong> <strong>health</strong>services to a multi-cultural populationenhance <strong>and</strong> build on capacity within BME<strong>communities</strong> <strong>and</strong> within <strong>the</strong> voluntary sector fordealing with <strong>mental</strong> ill <strong>health</strong>Inside Outside discussed strategic tools that wouldhelp realise <strong>the</strong>se objectives <strong>and</strong> advancedproposals to expedite <strong>the</strong> development of so-called‘culturally capable services’ which included settingnational st<strong>and</strong>ards to improve access, experience<strong>and</strong> outcomes for BME users <strong>and</strong> making research<strong>and</strong> development more culturally relevant.However, <strong>the</strong>re was little focus on ei<strong>the</strong>r forensicissues or on <strong>the</strong> role of <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong><strong>and</strong> offending in <strong>mental</strong> <strong>health</strong>.The Bennett InquiryThe inquiry into <strong>the</strong> death of David Bennett in 2003made a series of recommendations which also heldimplications for <strong>the</strong> treatment <strong>and</strong> care of black, aswell as minority ethnic, individuals held in securesettings. 44 These included <strong>the</strong> following:All <strong>mental</strong> <strong>health</strong> services should have a writtenpolicy dealing with racist abuse <strong>and</strong> records ofsuch incidents should be kept.The <strong>mental</strong> <strong>health</strong> workforce should beethnically diverse <strong>and</strong>, where appropriate, stepsshould be taken to recruit, retain <strong>and</strong> promotestaff from BME <strong>communities</strong>.A national staff training programme in restraint<strong>and</strong> control methods should be instituted asquickly as possible – <strong>and</strong> certainly within twelvemonths.No patient should be restrained in a proneposition for more than three minutes. Allpsychiatric units should keep records of <strong>the</strong> useof control <strong>and</strong> restraint of all patients. Thesereports should be audited by <strong>the</strong> Department ofHealth.The recommendations above were accepted withoutamendment by <strong>the</strong> Department of Health, with <strong>the</strong>exception of <strong>the</strong> final one. (The wording preferredby <strong>the</strong> government in its response to <strong>the</strong> fourthrecommendation was that any physical interventionshould be used only as a last resort, in <strong>the</strong> safestway possible, <strong>and</strong> for <strong>the</strong> shortest period of timethat is necessary for patient <strong>and</strong> staff safety.)


6<strong>Black</strong> <strong>communities</strong>, <strong>mental</strong> <strong>health</strong> <strong>and</strong> <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>These recommendations <strong>and</strong> o<strong>the</strong>rs, by virtue of<strong>the</strong> fact that <strong>the</strong>y cut across <strong>mental</strong> <strong>health</strong> care ingeneral, will consequently impact on black peoplewith <strong>mental</strong> <strong>health</strong> problems who are also involvedin <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>. But it remains <strong>the</strong>case that provision for black <strong>mental</strong>ly disorderedoffenders in particular, has received little specificfocus from <strong>the</strong> Home Office or Department ofHealth since <strong>the</strong> commission of <strong>the</strong> Reed Reviewover a decade ago.Working toge<strong>the</strong>rDelivering Race Equality in Mental Health Care(DRE), produced by <strong>the</strong> Department of Health in2005, 45 proved a useful document as it recognisedthat in <strong>the</strong> debate about black over-representationin <strong>mental</strong> <strong>health</strong>, a shift had generally taken placeaway from notions of deviancy, dangerousness <strong>and</strong>genetics <strong>and</strong> towards socio-cultural explanations inline with <strong>the</strong> concept of ‘institutional racism’. 46Certain authors, such as Fern<strong>and</strong>o 47 had beenespousing similar concepts for some years.However <strong>the</strong> shift was important, as it broadlymirrored <strong>the</strong> parallel development in <strong>the</strong> field ofrace <strong>and</strong> <strong>criminal</strong> <strong>justice</strong> where, in <strong>the</strong> light of <strong>the</strong>MacPherson Inquiry Report into <strong>the</strong> death ofStephen Lawrence, <strong>criminal</strong> <strong>justice</strong> agencies(principally <strong>the</strong> police) began to accept <strong>the</strong> concept<strong>and</strong> existence of institutional racism <strong>and</strong> to modifypolicies <strong>and</strong> procedures accordingly.Importantly, DRE set out a national strategy forgreater community engagement <strong>and</strong> partnershipwork between mainstream <strong>and</strong> statutory services on<strong>the</strong> one h<strong>and</strong>, <strong>and</strong> black <strong>and</strong> o<strong>the</strong>r minority ethniccommunity <strong>and</strong> <strong>mental</strong> <strong>health</strong> groups on <strong>the</strong> o<strong>the</strong>r,in recognition of <strong>the</strong> key role <strong>the</strong> latter have to playin <strong>the</strong> development <strong>and</strong> provision of services. Itresolved to recruit 500 community developmentworkers nationally who would be expected to workat a senior level <strong>and</strong> alongside <strong>the</strong> regional RaceEquality Leads within <strong>health</strong> <strong>and</strong> social care,focusing on improving commissioning, access,experience <strong>and</strong> outcomes for all ethnic minority<strong>communities</strong>. It also recognised <strong>the</strong> need forstatutory services to be involved in:forming partnerships with faith <strong>communities</strong>ensuring that representatives of BME voluntarysector partners are of comparable seniority tostatutory sector representativesfunding or section 64 (Department of Health)grantspractically supporting <strong>the</strong> capacity of BMEgroups to become involved in <strong>the</strong> planning,designing <strong>and</strong> delivery of servicesputting in place mechanisms to facilitate mutuallearning between BME-delivered services <strong>and</strong>mainstream servicesThis is a useful framework for engagement <strong>and</strong> hasechoes of a recommendation from <strong>the</strong> Reed Reviewwhich stated that: ‘…all agencies involved with<strong>mental</strong>ly disordered offenders should establishstrong pro-active equal opportunities policiesrelating to race <strong>and</strong> culture which should bereflected in staff training <strong>and</strong> allow for consultationwith representatives of ethnic minority groups in<strong>the</strong> planning, development <strong>and</strong> monitoring ofservices.’ 48 However, while community engagementis central to <strong>the</strong> arguments within DRE, it should benoted that it did not specifically relate <strong>the</strong>arguments <strong>and</strong> recommendations to <strong>mental</strong>lydisordered offenders from black or minority ethnicgroups. When developing ways of working inpartnership to provide services <strong>and</strong> engaging withservice user groups, it is important that blackcommunity groups are not perceived as beingrelevant solely to issues seen as tangible ‘black’issues, <strong>and</strong> that <strong>the</strong>re is also an awareness of race<strong>and</strong> faith considerations.New initiativesThere are some new initiatives underway though toimprove services for <strong>mental</strong>ly disordered offenders.Health <strong>and</strong> Offender Partnerships (HOPs) is apartnership directorate between <strong>the</strong> Home Office(NOMS) <strong>and</strong> <strong>the</strong> Department of Health (Care ServicesDirectorate). HOPs includes <strong>the</strong> Home Office MentalHealth Unit <strong>and</strong> Prison Health at <strong>the</strong> Department ofHealth <strong>and</strong> its core initiative is to tackle <strong>health</strong>inequality <strong>and</strong> reduce offending. Currently, it isdeveloping an offender <strong>health</strong> strategy whichfocuses on all parts of <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>,including <strong>the</strong> large body of offenders beingsupervised in <strong>the</strong> community. However, <strong>the</strong> key testin respect of approaches to <strong>mental</strong>ly disorderedoffenders from <strong>the</strong> black community will bewhe<strong>the</strong>r this development will be able to marrysome of <strong>the</strong> innovative ideas from initiatives suchas DRE with <strong>the</strong> more mainstream thrust of HOPs.commissioning BME specialist services on <strong>the</strong>basis of needs assessment <strong>and</strong> overall servicestrategyidentifying BME voluntary sector groups thatmight be potential c<strong>and</strong>idates for TreasuryEffecting changeBringing about change in <strong>the</strong> future will require aconcerted <strong>and</strong> <strong>system</strong>atic approach: <strong>the</strong>re needs tobe a new drive towards working in partnership withNacro <strong>mental</strong> <strong>health</strong> <strong>and</strong> crime briefing


7black groups, <strong>and</strong> an improved focus on <strong>the</strong>development <strong>and</strong> delivery of services. To achievethis, reform needs to focus on <strong>the</strong> following threeareasChanges in monitoring <strong>and</strong> funding procedures.Increasing staff <strong>and</strong> practitioner awareness of<strong>the</strong> needs of <strong>the</strong> black community <strong>and</strong> a renewedcommitment to dealing with <strong>the</strong>ir needseffectively <strong>and</strong> fairly.Successfully engaging <strong>and</strong> fully involving black<strong>communities</strong> in <strong>the</strong> reform of services.Monitoring <strong>and</strong> funding proceduresThe precursor for any initiative developed,however, is <strong>the</strong> need for robust ethnic monitoringdata across both <strong>system</strong>s. To improve bothmonitoring <strong>and</strong> funding procedures, <strong>the</strong> followingmeasures need to be implemented:All <strong>criminal</strong> <strong>justice</strong> <strong>and</strong> <strong>mental</strong> <strong>health</strong> agenciesshould adhere to <strong>the</strong> ethnic category dataguidance produced by <strong>the</strong> Department of Health<strong>and</strong> statistics collected by <strong>the</strong> Home Office on<strong>mental</strong>ly disordered offenders should be brokendown by ethnicity.Criminal <strong>justice</strong> <strong>mental</strong> <strong>health</strong> liaison schemes(<strong>and</strong> in particular court-based schemes) shouldhave rigorous, effective ethnic monitoringprocedures in place which collect useful <strong>and</strong>comparable data.The data, once collected, must be properlyanalysed <strong>and</strong> made available to funders, schemesteering groups <strong>and</strong> strategic multi-agencyforums (where <strong>the</strong>y are in place) who must <strong>the</strong>nbe prepared to act on <strong>the</strong> data provided in orderto improve services for black <strong>communities</strong>.Resources <strong>and</strong> funding should be made availableboth from <strong>the</strong> centre <strong>and</strong> locally, so as tominimise barriers to <strong>the</strong> implementation ofrecommendations made by <strong>mental</strong> <strong>health</strong> <strong>and</strong>black community organisations, <strong>and</strong> o<strong>the</strong>rrelevant bodies.Increased awareness of staff <strong>and</strong> practitionersStaff working with black <strong>mental</strong>ly disorderedoffenders have a crucial part to play in improvingservices. Making good practice guidance availableto staff <strong>and</strong> practitioners in this area would greatlyassist this process. Resettlement work <strong>and</strong> workwith black female <strong>mental</strong>ly disordered offenders aretwo areas where improving practice is particularlyimportant.It is vital that resettlement staff work alongsidefamilies <strong>and</strong> community <strong>and</strong> faith groups so thatsuccessful programmes can be developed. Inaddition, it is imperative that staff build stronglinks with black <strong>mental</strong> <strong>health</strong> <strong>and</strong> communitygroups <strong>and</strong> service user groups, so that staff cannotify <strong>the</strong>m of any <strong>mental</strong> <strong>health</strong> problems orfeelings of exclusion due to ethnicity which blackex-offenders might be experiencing.Practitioners need to be aware too of <strong>the</strong> manyprejudices that female black <strong>mental</strong>ly disorderedoffenders face in particular. In light of this, <strong>the</strong>yneed to take into account <strong>the</strong> following issues in<strong>the</strong>ir practice:The resettlement needs of black women.The planning <strong>and</strong> development of communityprovision for black women.The needs of women asylum seekers <strong>and</strong> thoseseeking refugee status.Engaging black women’s groups when building<strong>and</strong> sustaining partnerships with voluntarysector groups.The trauma caused by separation from <strong>the</strong>irfamilies <strong>and</strong> children for black women detainedin <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>and</strong> <strong>mental</strong> <strong>health</strong><strong>system</strong>s, especially for foreign national womenwhose families <strong>and</strong> children may live in adifferent country.Working in partnership with <strong>the</strong> black communityTo achieve better outcomes for black <strong>mental</strong>lydisordered offenders, primary care trusts <strong>and</strong><strong>mental</strong> <strong>health</strong> trusts should consider taking <strong>the</strong>following steps:Involving black community <strong>and</strong> <strong>mental</strong> <strong>health</strong>groups in <strong>the</strong> development <strong>and</strong> running ofcourt-based diversion, liaison or assessmentschemes.Ensuring local <strong>mental</strong>ly disordered offenders’steering groups include representation from arelevant local black <strong>mental</strong> <strong>health</strong> or communitygroup, in order to include a black perspective on<strong>the</strong> development of strategic plans for servicesfor <strong>mental</strong>ly disordered offenders.Involving local black community <strong>and</strong> <strong>mental</strong><strong>health</strong> group representation in Section 136 MHAmonitoring groups.Encouraging <strong>the</strong> creation of an effective <strong>and</strong>authoritative association of black service users.Involving black <strong>health</strong> groups in a wide range ofissues ra<strong>the</strong>r than solely with what areconsidered to be ‘black’ issues.


8<strong>Black</strong> <strong>communities</strong>, <strong>mental</strong> <strong>health</strong> <strong>and</strong> <strong>the</strong> <strong>criminal</strong> <strong>justice</strong> <strong>system</strong>ConclusionThere is clearly a continued need for governmentdepartments <strong>and</strong> <strong>criminal</strong> <strong>justice</strong> <strong>and</strong> <strong>mental</strong> <strong>health</strong>agencies to tackle <strong>the</strong> many difficult issues thatpersist in <strong>the</strong> relationship between black<strong>communities</strong>, <strong>criminal</strong> <strong>justice</strong> <strong>and</strong> psychiatry. Thekey strategy documents of recent years have addedlittle of substance to <strong>the</strong> material produced in <strong>the</strong>last two decades <strong>and</strong> many have avoided <strong>the</strong> focusof black <strong>mental</strong>ly disordered offenders altoge<strong>the</strong>r.Not only is progress needed in <strong>the</strong> key areasmentioned above (eg rigorous ethnic monitoring incourt diversion <strong>and</strong> <strong>criminal</strong> <strong>justice</strong> liaisonschemes; greater black representation on scheme<strong>and</strong> section 136 steering groups; central monitoringof <strong>the</strong> ethnicity of black <strong>mental</strong>ly disorderedoffenders; improved service delivery <strong>and</strong> bettercommunity engagement) but <strong>the</strong>re is also a need fora concerted <strong>and</strong> inclusive strategy towards black<strong>and</strong> minority ethnic <strong>mental</strong>ly disordered offenderswhich cohesively tackles <strong>the</strong> particular problems<strong>the</strong>y experience in areas such as immigration,asylum <strong>and</strong> resettlement. Given that <strong>the</strong> <strong>criminal</strong><strong>justice</strong> <strong>system</strong> can act as a gateway to <strong>the</strong> <strong>mental</strong><strong>health</strong> <strong>system</strong>, <strong>the</strong> need for comprehensive actionthat reforms both <strong>system</strong>s is all <strong>the</strong> more pressing.The danger, if this does not happen, is that policymakersin this field will find <strong>the</strong>mselves perpetuallyaddressing <strong>the</strong> symptoms ra<strong>the</strong>r than <strong>the</strong> causes of<strong>the</strong>se inequalities.References1 Fern<strong>and</strong>o S (1991) Mental Health, Race <strong>and</strong> Culture London:Macmillan/MIND Publications2 Department of Health (2003) Inside Outside: Improving MentalHealth Services for <strong>Black</strong> <strong>and</strong> Minority Ethnic Communities inEngl<strong>and</strong> London: Department of Health3 Cope R (1989) ‘The Compulsory Detention of Afro-Caribbeansunder <strong>the</strong> Mental Health Act’ New Community 15 (3) pp. 343-3564 Healthcare Commission (2007) Results of <strong>the</strong> 2006 NationalCensus of Inpatients in Mental Health <strong>and</strong> Learning DisabilityServices in Engl<strong>and</strong> <strong>and</strong> Wales London: Commission forHealthcare, Audit <strong>and</strong> Inspection5 Office for National Statistics (2003) Census 2001: Ethnicity <strong>and</strong>religion in Engl<strong>and</strong> <strong>and</strong> Wales London: Office for National Statistics6 Reza B <strong>and</strong> Magill C (2006) Race <strong>and</strong> <strong>the</strong> Criminal Justice System:An overview to <strong>the</strong> complete statistics 2004-2005 London: CriminalJustice System (Race Unit)7 Fitzgerald M (1993) ‘Ethnic Minorities <strong>and</strong> <strong>the</strong> Criminal JusticeSystem’ Royal Commission on Criminal Justice Research Study 20London: HMSO8 John G (2003) Race for Justice: A review of CPS decision makingfor possible racial bias at each stage of <strong>the</strong> prosecution processLondon: Crown Prosecution Service9 Sharp C <strong>and</strong> Budd T (2005) Minority Ethnic Groups <strong>and</strong> Crime:Findings from <strong>the</strong> Offending, Crime <strong>and</strong> Justice Survey 2003.Home Office online report 33/0510 Reza B <strong>and</strong> Magill C (2006) Race <strong>and</strong> <strong>the</strong> Criminal Justice System11 HM Inspectorate of Prisons (2005) Women in Prison London: HomeOffice12 Reza B <strong>and</strong> Magill C (2006) Race <strong>and</strong> <strong>the</strong> Criminal Justice System13 Baluchi B (1999) Beyond Urgent: Towards a strategy for refugee<strong>health</strong> London: Kimia Institute14 Nacro (2005) Integrated Resettlement: Putting <strong>the</strong> pieces toge<strong>the</strong>rLondon: Nacro15 ibid16 The Housing Corporation (1998) <strong>Black</strong> <strong>and</strong> Minority EthnicHousing Policy London: The Housing Corporation17 Healthcare Commission (2005) Count Me In: Results of a nationalcensus of inpatients in <strong>mental</strong> <strong>health</strong> hospitals <strong>and</strong> facilities inEngl<strong>and</strong> <strong>and</strong> Wales London: Commission for Healthcare, Audit <strong>and</strong>Inspection18 Office for National Statistics (2003) Census 200119 Healthcare Commission (2007) Results of <strong>the</strong> 2006 NationalCensus of Inpatients20 Department of Health (2003) Delivering Race Equality – AFramework for Action: Mental <strong>health</strong> services consultationdocument London: Department of Health21 Nacro (1990) <strong>Black</strong> People, Mental Health <strong>and</strong> <strong>the</strong> Courts: Anexploratory study into <strong>the</strong> psychiatric rem<strong>and</strong> process as it affectsblack defendants at magistrates’ courts London: Nacro22 Browne D (1997) <strong>Black</strong> People <strong>and</strong> Sectioning: The blackexperience of detention under <strong>the</strong> civil sections of <strong>the</strong> MentalHealth Act London: Little Rock Publishing23 Smaje C (1995) Health, Race <strong>and</strong> Ethnicity: Making sense of <strong>the</strong>evidence London: King’s Fund Institute24 Healthcare Commission (2005) Count Me In: Results of a nationalcensus of inpatients25 Healthcare Commission (2007) Results of <strong>the</strong> 2006 NationalCensus of Inpatients26 Healthcare Commission (2005) Count Me In: Results of a nationalcensus of inpatients27 Nacro (1990) <strong>Black</strong> People, Mental Health <strong>and</strong> <strong>the</strong> Courts28 Prins H, <strong>Black</strong>er-Holst T, Francis E <strong>and</strong> Keitch I (1993) Report of <strong>the</strong>Committee of Inquiry into <strong>the</strong> Death in Broadmoor Hospital ofOrville <strong>Black</strong>wood <strong>and</strong> a Review of <strong>the</strong> Deaths of Two O<strong>the</strong>r Afro-Caribbean Patients. Big, <strong>Black</strong> <strong>and</strong> Dangerous. London: SpecialHospitals Service Authority29 Cope R <strong>and</strong> Ndegwa D (1990) ‘Ethnic differences in admissions toa regional secure unit’ Journal of Forensic Psychiatry 1(3) pp. 365-37830 Department of Health (2003) Inside Outside31 Browne D (1997) <strong>Black</strong> People <strong>and</strong> Sectioning32 Prins H et al (1993) Report of <strong>the</strong> Committee of Inquiry into <strong>the</strong>Death in Broadmoor Hospital33 Department of Health (2003) Inside Outside34 Healthcare Commission (2005) Count Me In: Results of a nationalcensus of inpatients35 Healthcare Commission (2007) Results of <strong>the</strong> 2006 NationalCensus of Inpatients36 Prins H et al (1993) Report of <strong>the</strong> Committee of Inquiry into <strong>the</strong>Death in Broadmoor Hospital37 Home Office (1990) Provision for Mentally Disordered OffendersCircular 66/90 London: HMSO38 Francis E, David J, Johnson N <strong>and</strong> Sashidharan S P (1989) ‘<strong>Black</strong>People <strong>and</strong> Psychiatry in <strong>the</strong> UK’ Psychiatric Bulletin 13, pp. 482-48539 Norfolk, Suffolk <strong>and</strong> Cambridgeshire Health Authority (2003)Independent Inquiry into <strong>the</strong> Death of David Bennett Cambridge:Cambridgeshire Health Authority40 Bhui K <strong>and</strong> Sashidharan S P (2003) ‘Should <strong>the</strong>re be separatepsychiatric services for ethnic minority groups?’ British Journal ofPsychiatry, 182, pp. 10-1241 Lyall M. (2005) ‘Should <strong>the</strong>re be separate forensic psychiatryservices for ethnic minority patients?’ Journal of ForensicPsychiatry <strong>and</strong> Psychology 16 (2) pp. 370-37942 Reed J (1994) Vol 6: Race, Gender <strong>and</strong> Equal Opportunities (Reviewof Health <strong>and</strong> Social Services for Mentally Disordered Offenders<strong>and</strong> O<strong>the</strong>rs Requiring Similar Services) London: HMSO43 Department of Health (2003) Inside Outside44 Norfolk, Suffolk <strong>and</strong> Cambridgeshire Health Authority (2003)Independent Inquiry into <strong>the</strong> Death of David Bennett45 Department of Health (2005) Delivering Race Equality in MentalHealth Care: An action plan for reform inside <strong>and</strong> outside services(including <strong>the</strong> Government’s response to <strong>the</strong> independent inquiryinto <strong>the</strong> death of David Bennett) London: Department of Health46 Vige M ‘Race <strong>and</strong> Mental Health Treatment’ Criminal JusticeMonthly 61 pp. 28-3147 Fern<strong>and</strong>o S (1991) Mental Health, Race <strong>and</strong> Culture48 Reed J (1994) Vol 6: Race, Gender <strong>and</strong> Equal OpportunitiesNacro <strong>mental</strong> <strong>health</strong> <strong>and</strong> crime briefing

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