Deaths of children detained under the MHA 1983

Ministry of Justice did not have the information requested.

Dear Ministry of Justice,

1. How many female children detained under the mental health act,
have died in custody in the last 5 years?

2. Of those children relevant to question 1, please provide the
following information:

A. How many had never been the subject of a care order or interim
care order?
B. Did the parent or guardian consent to the detention?
C. How long did the detention last?
D. Was a diagnosis made of mental illness/ mental disorder?
E. how long was the child assessed before being diagnosed?
F. How many children were inpatients within Birmingham?
G. How many were living with their natural/birth mother?
H. What diagnosis was made?
I. What drugs were the children given?

4. Are children who are detained under the mental health act
provided an independent advocate?

5. What procedures are in place to ensure children are not
wrongfully detained?
Yours faithfully,

Yours faithfully,

Sophie

Dear Ministry of Justice,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Deaths of children detained under the MHA 1983'.

Request is long overdue.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Sophie

Data Access & Compliance Unit, Ministry of Justice

Dear Sophie,

Thanks for your email. A response to this request on behalf of the MoJ was given on the 7 November 2013, but may have appeared on a different thread on this website. I copy that response below for your reference.

Yours sincerely,

Data Access and Compliance Unit

-----------------------------------------------------

Freedom of Information Request

Dear Ms Sophie,

Thank you for your email of 01/11/13, in which you asked for the following information from the Ministry of Justice (MoJ):

“1. How many female children detained under the mental health act, have

died in custody in the last 5 years?

2. Of those children relevant to question 1, please provide the

following information:

A. How many had never been the subject of a care order or interim care

order?

B. Did the parent or guardian consent to the detention?

C. How long did the detention last?

D. Was a diagnosis made of mental illness/ mental disorder?

E. how long was the child assessed before being diagnosed?

F. How many children were inpatients within Birmingham?

G. How many were living with their natural/birth mother?

H. What diagnosis was made?

I. What drugs were the children given?

4. Are children who are detained under the mental health act provided

an independent advocate?

5. What procedures are in place to ensure children are not wrongfully

detained?”

Your request has been handled under the Freedom of Information Act 2000 (FOIA).

I can confirm that the Ministry of Justice (MoJ) does not hold the information that you have requested. To establish whether the information was held I conducted a thorough search, and made enquires with the following areas Ministry of Justice departments.

When assessing whether or not information was held adequate and reasonable searches for the requested information were made of:

Electronic records on which would have revealed any information held.
Hardcopy files were checked.
Checks were made with policy officials responsible for the issue in MoJ.

If the information was held by MoJ it would be have to be held by the above mentioned business area. It may help if I clarify that information is not held by MoJ because there is no legal, or business requirement for MoJ to hold the information being requested.

I have suggested below the public authority which you may wish to direct your request to because they may hold information as they have the policy lead/or responsibility for the issue enquired about.

Please be advised that the FOIA does not oblige a public authority to create information to answer a request if the requested information is not held. It does not place a duty upon public authorities to answer a question unless recorded information exists. The FOIA duty is to only provide the recorded information held.

You can find out more about information held for the purposes of the Act by reading some guidance points we consider when processing a request for information, attached at the end of this letter.

You can also find more information by reading the full text of the Act, available at http://www.legislation.gov.uk/ukpga/2000... and further guidance http://www.justice.gov.uk/guidance/foi-s...

However, you may wish to contact the Department of Health as they may hold some of the information you have asked for.

You can contact the Department of Health at the following website:

https://www.gov.uk/government/organisati...

Alternatively I have provided below, contact details for the Freedom of Information team http://www.info.doh.gov.uk/contactus.nsf...

I have also added the postal address for you convenience:

Ministerial Correspondence and Public Enquiries Unit
Department of Health
Richmond House
79 Whitehall
London

You have the right to appeal our decision if you think it is incorrect. Details can be found in the ‘How to Appeal’ section attached at the end of this letter.

Disclosure Log

You can also view information that the Ministry of Justice has disclosed in response to previous Freedom of Information requests. Responses are anonymised and published on our on-line disclosure log which can be found on the MoJ website: https://www.gov.uk/government/organisati...

Yours sincerely

Data Access & Compliance Unit

Information Directorate

Post point 10.34

102 Petty France

London

SW1H 9AJ

E [email address]

www.gov.uk

How to Appeal

Internal Review

If you are not satisfied with this response, you have the right to an internal review. The handling of your request will be looked at by someone who was not responsible for the original case, and they will make a decision as to whether we answered your request correctly.

If you would like to request a review, please write or send an email to the Data Access and Compliance Unit within two months of the data of this letter, at the

following address:

Data Access and Compliance Unit (10.34),

Information & Communications Directorate,

Ministry of Justice,

102 Petty France,

London

SW1H 9AJ

E-mail: [email address]

Information Commissioner’s Office

If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner’s Office. The Commissioner is an independent regulator who has the power to direct us to respond to your request differently, if he considers that we have handled it incorrectly.

You can contact the Information Commissioner’s Office at the following address:

Information Commissioner’s Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire

SK9 5AF

Internet address: https://www.ico.gov.uk/Global/contact_us...

EXPLANATION OF INFORMATION HELD FOR THE PURPOSES OF THE ACT

We have provided below additional information for information held for the purposes of the Freedom of Information Act. We have included some of the guidance we use when considering requests for information. I hope you find this information useful.

Is the information 'held' for the purposes of the Act?
A person may request any information 'held' in any recorded form by a public authority (or held by another on behalf of a public authority).

If the requester is asking for an opinion on an issue or asking for information that is not already held to be created, this is not a Freedom of Information Act request.

Information covered by the Act
All recorded information 'held' by a public authority is within the scope of the Freedom of Information Act. It includes files, letters, emails and photographs and extends to closed files and archived material.

Recorded information
The right of access applies to information recorded in any form. This includes:

information that is held electronically (such as on a laptop computer or an electronic records management system)
information that is recorded on paper (such as a letter, memorandum or papers in a file)
sound and video recordings (such as a CD or videotape)
hand-written notes or comments, including those written in note pads or on Post-it notes
Is the information 'held' under the Freedom of Information Act?
'Holding' information includes holding a copy of a record produced or supplied by someone else. However, if a public authority only holds information on behalf of someone else, for example a department holding trade union information on their computer system, then that public authority may not have to provide the information in response to a Freedom of Information Act request.

In some cases, it may not be clear whether information which is physically present on your premises or systems is properly to be regarded as 'held' by your public authority, for the purposes of the Freedom of Information Act. Examples include:

private material brought into the office by ministers or officials
material belonging to other people or bodies
trade union material
constituency material
material relating to party political matters.

show quoted sections