Mental Welfare Commission, 2014

Mr S had been diagnosed with a mild learning disability early in his life. Until he was 29 years old he lived in hospital. He was discharged in 1992 to a supported tenancy.

He first came to the attention of the criminal justice system in 2009 when he accrued several charges for public disturbances.

Over a one-year period, Mr S was reported to the police on around 130 occasions because of his behaviour at a local supermarket. He was reported to be annoying customers and staff, shouting and swearing. Latterly, he was reported to have been touching women in sexually inappropriate ways.

Mr S was remanded to prison in June 2011. At the time he had been supported in the community by health and social care services. In July 2011 the sheriff presiding over Mr S’s case contacted the Commission to relay his concerns that Mr S was again being remanded to prison instead of being admitted to hospital. He was clear that, in his view, prison was inappropriate.

Following the contact from the sheriff, the Commission took immediate action to bring this matter to the attention of the local authority and NHS Board.

As a result, Mr S was remanded to hospital at the earliest possible opportunity in order that he could receive necessary care and treatment. This resulted in good care and rehabilitation. He was given appropriate community accommodation in a different area and, at the time of writing this report, has a good quality of life and has not reoffended.

This report is a combination of the findings and recommendations of the internal review and the views of the Mental Welfare Commission on this case.