MH1 Requests
Guidance for requests under the potentially dangerous or mentally disordered persons information sharing agreement (ISA)
MH1 REQUESTS Guidance
Guidance and information on application for disclosure of Form MH1 requests;
- What this allows you to request/apply for
- Exclusions and limitations (includes who can apply)
- Information on where else to go for connected matters
- Guidance on the disclosure process
- Contacting us
The Alliance Disclosure Team processes enquiries from NHS trusts across the two counties to support and facilitate the exchange of information (including personal data) between signatories to the Protocol for the Exchange of Information between Statutory Agencies in Devon and Cornwall. This allows us to work together for the purposes of the protection of the public, the prevention of offending and the detection of crime and prevention of anti-social behaviour by potentially dangerous persons OR persons suffering from a mental disorder.
What this allows you to request/apply for
This guidance sets out the process for applicants to apply for information required for Form MH1 requests.
The circumstances under which you can apply for information, is where there is a clear and legitimate reason for the request. Will the disclosure:
- assist to protect life / prevent harm to person or property?
- Prevent an offence being committed?
- Assist to bring offenders to justice?
Or is it linked to any duty or responsibility arising from common law or statute?
- In the persons best interests due to safety concerns / wellbeing.
- Risk to others.
- Safeguarding children concern.
- Safeguarding adult concern.
What you will be entitled to receive:
- Summarised details of any relevant incident within the previous 2 years.
- Summarised details of any relevant intelligence for the previous 12 months.
- Warning markers.
- PNC print of convictions.
Disclosure will be restricted to the minimum amount of Personal Data necessary to achieve the purpose of the disclosure.
Exclusions and limitations (includes who can apply)
Limitations
Requests can only be submitted by the designated Single Point of Contact (SPOCs) for the signatories to the information sharing agreement:
- Devon Partnership NHS Trust
- Cornwall Partnership NHS Foundation Trust
- Livewell Southwest
- Cornwall Council
- Devon County Council
- The Council of the Isles of Scilly
- Plymouth City Council
- Torbay Council
Exclusions
We do NOT deal with requests where:
- The request is excessive and goes beyond what is provided as standard under the ISA.
- There has been no attempt to seek the consent of the request subject for disclosure to be made and there is no explanation why this hasn’t been sought.
- Police documents are requested for disclosure.
- The subject is under the Management of Sexual or Violent Offenders (MOSOVO), as any relevant information will be shared at the MOSOVO meeting.
Information on where else to go for connected matters
When statutory agencies require urgent access to information held by Devon & Cornwall Police out of normal office hours, the process will be to call 101 for assistance.
Guidance on the disclosure process
What we need from you:
- A fully completed MH1 Form
- There needs to be a clear and legitimate reason for the information to have been requested.
- Confirmation whether the disclosure is required in 2 hours, 48 hours or 7 days.
- Consent of the subject is obtained. You must attempt to seek the subjects’ consent unless to do so would place the subject and/or others at risk, in which case, this needs to be clearly detailed on the MH1 Form. (For further details, including those relating to Caldicott Guardian, please refer to the full ISA)
- Provide the name of the doctor that our response is for the attention of.
If any of the above requirements aren’t fulfilled, your request will be rejected.
The disclosure process:
- On receipt of the completed MH1 form and relevant consent, we will commence our research of the subject.
- Our response, including any PNC print for the subject will be sent to you via secure email within the timeframe that you have selected i.e. 2 hours, 48 hours, 7 days.
- Please note that delays may occur where the subject is linked to any ongoing criminal investigations, as consent for disclosure will need to be sought from the Officer in Charge of the investigation.
- Once disclosure has been made our file will be closed. If you do require any clarification in respect of a disclosure, please ensure that you quote the unique reference that will be detailed in our response letter.
A full copy of The Potentially Dangerous or Mentally Disordered Persons Information Sharing Agreement is available on our webpage, should further information be required.
Contacting us
Email/post any MH1 requests to:
Email disclosure team using a secure email service like Egress
Alliance Disclosure Team
Devonport Police Office
Fore Street
Devonport
Plymouth
PL1 4DW
Note: Devon & Cornwall and Dorset Police will be unable to provide you with information contained on police systems over the telephone or by email prior to completion of your request.