Guidance for Parole Board Members on Mental Capacity
The Parole Board has published guidance for its members on factors to take into consideration when reviewing cases where mental capacity is a consideration.
Applies to England and Wales
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The Parole Board has published guidance for its members on factors to take into consideration when reviewing cases where the prisoner may lack mental capacity.
The Parole Board is committed to support all prisoners to be able to participate effectively in their parole review, to ensure a fair hearing. In order to achieve this, it is necessary for Parole Board members to be alert to the possibility of cases where a prisoner may lack the mental capacity to make decisions and participate in their parole review. In these cases, someone else may be appointed to make decisions on behalf of the prisoner, and to ensure their best interests are represented during the parole review. This person is known as a litigation friend.
Issues of mental capacity are specific to the person and the decision being made at a point in time. In this case, the relevant area of decision-making is the mental capacity of the prisoner to understand and make decisions in the parole process, in effect “to conduct the parole proceedings”.
This guidance sets out information and advice for Parole Board members to assist in identifying cases where capacity is in doubt and take appropriate steps to ensure that these prisoners are adequately assisted and/or represented. Where a prisoner is found to lack mental capacity, the Board, working with HM Prison and Probation Service, has in place a process whereby a litigation friend can be appointed to make decisions and enable effective participation, either directly or by instructing a legal representative. This is supported by the Parole Board Rules.
The guidance also provides advice for managing cases where the Official Solicitor is to be asked to act as the litigation friend of last resort.
In developing this guidance, the Parole Board sought expert advice from a range of interested stakeholders and their contributions were very much valued.