Mental Health Solicitors

The Home Office has issued new guidance on disclosure of mental health conditions to employers.

The new advice covers factors which must be considered before an individual’s mental health condition is disclosed to an employer in a background check.

The advice will cover the Disclosure and Barring Service checks – previously called CRB checks.

The Home Office Statutory Disclosure Guidance reads:

“A joint Home Office/Department of Health review of the operation of sections 135 and 136 of the Mental Health Act 1983, published in 2014, raised concerns that chief officers are sometimes disclosing information relating to mental health when it is not relevant or proportionate.

“Disclosure of information relating to mental health is a sensitive issue for people who have encountered the police and requires careful consideration.

“The long term effects of disclosure of experiences of mental health problems can be very damaging to the individuals concerned, impacting on their private lives and employment prospects.”

Home Office minister Karen Bradley has said the guidelines will make the system fairer “without lessening protection”.
“It is important that checks provide employers with the information they need to protect children and vulnerable groups,” Ms Bradley said.

“At the same time, police disclosure of information relating to mental ill health can have a significant impact on the lives of those concerned – including their employment opportunities.”

The new guidance advises:

• Detention under the Mental Health Act, which does not constitute a criminal investigation, is unlikely in itself to be sufficient to justify disclosure

• The behaviour of the person during the incident must be a “key consideration” when considering checks. This could include assessing whether the person presented a risk of harm to others or whether they were involved in multiple incidents

• The date of the mental ill health episode is an “important” factor. In cases where it took place a long time ago, officers should consider giving the applicant an opportunity to make representations about their current state of health

• If information is disclosed, the certificate should provide an explanation so the employer or voluntary organisation understands the relevance of the information to the application.

Community and social care minister Alistair Burt said the changes would help prevent people with mental health conditions – or who have recovered from a mental health condition – from being “stigmatised” if they attempt to find work or pursue voluntary activities.

“Having a mental illness is not a crime,” said Mr Burt.
“Your medical history wouldn't be flagged to your employer, so it's right that we make the same true for someone who's had a mental health crisis.”

The chief executive of mental health charity Mind, Paul Farmer, has also welcomed the new guidance. Mr Farmer said:
“There is no reason why having a mental health problem – or having been previously detained under the Mental Health Act – should necessarily be a red flag when it comes to DBS checks.”

Duncan Lewis Mental Health Solicitors

Duncan Lewis mental health solicitors can advise NHS patients on access to services and their rights under the Mental Health Act.

Duncan Lewis mental health solicitors are the largest provider of Legal Aid mental health services in the UK and are available at short notice for appointments at hospital and police stations nationwide.

For expert legal advice on mental health law, call the Duncan Lewis Mental Health Solicitors Helpline on 0203 114 1124.