Guidance

Healthcare for offenders

How offender healthcare is managed in prisons and in the community.

Helping offenders to recover from addiction and illness can significantly reduce reoffending and cut crime in local communities.

It also helps to tackle some of the most significant health inequalities in communities as offenders are more likely to smoke, misuse drugs and/or alcohol, suffer mental health problems, report having a disability, self-harm, attempt suicide and die prematurely compared to the general population.

Health and justice services therefore work closely together to achieve these shared aims.

Arrangements for policy, commissioning and funding healthcare services for offenders differs between England and Wales and between custody and the community.

Healthcare in prisons in England

From April 2013, responsibility for commissioning all healthcare services for prisoners (including drug and alcohol services but excluding emergency and out of hours services) rests with NHS England.

The Ministry of Justice (MOJ), the Department of Health and Social Care, HM Prison and Probation Services (HMPPS), NHS England and Public Health England have set out how we align, enable and support health and substance misuse, and social care services in prisons in a National Partnership Agreement.

Healthcare for offenders in the community in England

Offenders in the community are generally expected to access the same healthcare services as the rest of the local population. From April 2013 Clinical Commissioning Groups (CCGs) are responsible for commissioning the majority of these healthcare services (including mental health services) with local authorities responsible for commissioning public health services, including drug and alcohol services. Health and Wellbeing Boards develop Joint Strategic Needs Assessments (JSNAs) to inform Health and Wellbeing Strategies which in turn inform local commissioning of services. It is important therefore that these include an understanding of the needs of those in contact with the criminal justice system.

More information: Guidance on Joint Strategic Needs Assessments and Health and Wellbeing Strategies

More information on engaging criminal justice agencies in local healthcare commissioning, building effective engagement (NHS Confederation):

Health and wellbeing boards and criminal justice system agencies: building effective engagement

Healthcare for offenders in Wales

Local Health Boards (LHBs) commission healthcare services in public sector prisons (including clinical drug treatment services), and are responsible for commissioning mainstream healthcare services which offenders in the community will access.

More information: Healthcare Services for Prisoners (NHS Wales) and Prison Health in Wales (Public Health Wales)

For more information about how HMPPS works together with partners in health please contact: health.co-commissioning@noms.gsi.gov.uk

Community Order Treatment Requirements

Community Orders were introduced as a sentencing option in April 2005 as one of the provisions of the Criminal Justice Act 2003.

The Act provides for twelve possible requirements to be made as a condition of a community order. This document explores the delivery of three of the requirements as part of a community order or a suspended sentence order:

  • The Mental Health Treatment Requirement (MHTR)
  • The Drug Rehabilitation Requirement (DRR)
  • The Alcohol Treatment Requirement (ATR)

This guidance builds on previous advice from the National Offender Management Service (now HMPPS) on the implementation of the LASPO Act 2012, updated to reflect the changes to responsibility for probation services in England and Wales from 2014 which have resulted from the Government’s Transforming Rehabilitation reforms:

Supporting Community Order Treatment Requirements - February 2014 (PDF, 1.04MB, 28 pages)

Mental Health Treatment - Supporting Integrated Delivery guidance

Drug Testing and Drug Appointment Licence and Post-Release Supervision Condititions: Guidance on Supporting Integrated Delivery (PDF, 561KB, 22 pages)

National Partnership Agreement for Prison Healthcare in England 2018-2021

This document sets out the partnership agreement between the Ministry of Justice, Her Majesty’s Prison and Probation Service, Public Health England, the Department of Health & Social Care, and NHS England.

A partnership agreement has been in place to support the commissioning and delivery of healthcare in English prisons since 2013.

This revised agreement adds the Ministry of Justice and the Department of Health and Social Care to the original tripartite partnership - marking the establishment of an even stronger level of co-operation and cohesiveness between all of those who can impact on the policy, commissioning and delivery of health and social care services in both public and private sector prisons in England. It will remain a live document updated as required and routinely reviewed once a year. It is overseen by the National Prison Healthcare Board.

The National Partnership Agreement for Prison Healthcare in England sets out:

  • the defined roles of the five partners
  • our commitment to working together and sharing accountability for delivery through our linked governance structures
  • our core objectives and our priorities for 2018-21
  • how we are working together to improve our data and evidence so that we can better understand the health needs of people in custody and the quality of health and social care services delivered to people in prisons.

Workplan

A workplan for 2018/19, outlining the details of the activities to deliver our priorities will shortly be published on this page.

National Partnership Agreement for Prison Healthcare in England 2018 to 2021 (PDF, 603KB, 14 pages)

National Partnership Agreement: Commissioning delivery of Healthcare in Prisons 2015 - 2016 (PDF, 436KB, 46 pages)

National Partnership Agreement: Joint extension letter 2016 (PDF, 72.6KB, 1 page)

NHS England holds similar agreements with co-commissioners of healthcare services in other secure settings such as Immigration Removal Centres and the Children and Young People’s secure estate.  Further details of these agreements may be found on the NHS England Health and Justice webpages.

Published 1 July 2014
Last updated 10 April 2018 + show all updates
  1. National Partnership for Prison Healthcare in England, 2018 to 2021 published.
  2. National Partnership Agreement: Joint extension letter 2016 added.
  3. New version (July 2015) of Drug Testing and Drug Appointment Licence and Post-Release Supervision Conditions: Guidance on Supporting Integrated Delivery
  4. Update to National Partnership Agreement
  5. Guidance document Mental Health Treatment - Supporting Integrated Delivery guidance added to page.
  6. First published.