Keith’s story – Glasgow.
Following the rejection by Scottish Ministers of Keith’s transfer from a medium secure hospital to a low secure hospital, Keith was extremely disappointed. He was eager to progress the transfer. It had been agreed by and support had also been lodged by both clinical teams.
He’d been motivated to make the move to a particular low secure hospital so that he could be closer to his family.
Funding kept coming up as a barrier, when the medium secure team began their work to try and find other low secure hospitals for Keith to move to, they kept hitting a brick wall. Keith regularly relied on an advocate’s support. Subject to MAPPA, many important considerations had to be made about the feasibility of his move, due to victim issues.
I feel “trapped at the medium secure, which in return is affecting my mental health.” Keith routinely shared these views with advocates. By working with the advocate, Keith was able to access information regarding his right to seek legal advice, as well as his right to appeal against being held in conditions of excessive security.
Keith’s initial view, when he was first accepted in to the low security hospital, was that he didn’t want to go down this route. With every unsuccessful attempt at making the transfer, he now felt that his appeal would place legal pressure on the clinical team to find him somewhere suitable to go.
The advocate helped Keith at every stage of the process. From helping him to write his statement, which would be read out to the panel at his tribunal hearing, so his views could be shared in full. Circles Network also attended the tribunal with him so he that he felt supported.
The first part of Keith’s excessive security appeal was granted, and his clinical team were given three months to find Keith’s low secure transfer. Local funding continued to put blocks in place, so the clinical team once again reached out to Scottish Ministers to reconsider their rejection.
Expecting that they would not go back on their decision, Keith was surprised when after further investigation they approved the transfer.
Expiry of Keith’s excessive security triggered another hearing, where Keith asked for the advocate to attend with him again. Hopeful this would accelerate the transfer, unfortunately he was hit with the news that due to poor availability, there would be many more months to wait. He’d already been waiting nine months at this point.
The advocate informed Keith of his right to request that the tribunal panel grant the order for 28 days, rather than the standard three months. This meant that Keith’s transfer should go ahead within 28 days rather than three months, if granted. Keith said that his lawyer had not mentioned this to him so he was unsure if it would be legally appropriate. The advocate offered to speak with Keith’s lawyer and discuss the feasibility of requesting this, given that Keith had already waited longer than the average individual.
The very fact that the Scottish Ministers had revoked their decision to reject the transfer was in his favour. Keith’s lawyer agreed that this would be worth asking.
Keith’s lawyer also expressed that he felt it was unlikely the tribunal would grant this as it would apply a lot of pressure to the clinical team to expedite Keith’s move. The advocate relayed this to Keith, managing his expectations that it may not happen but should Keith want to he could request this within an MHT statement. The advocate would support him whatever his choice.
“The worst they can say is no,” Keith shared, so he decided to go ahead. The advocate supported Keith at the hearing. The 28-day order was granted by the tribunal panel much to everyone’s surprise.
I am “so appreciative of all the help that the advocate has given me over this drawn-out process. You’ve always listened when I’ve had my concerns, and I can’t thank you enough for informing me of my right to the 28-day order. I’m really chuffed, and wish that Circles Network covered my new hospital.”
