A MENTALLY ill man has been sent back to Burnley General Hospital for assessment after "languishing" in prison for seven weeks for a minor offence in a hospital ward.

Neil Green's parents, Susan and Stephen of Hollins Way, Nelson, have welcomed the magistrates' decision and expressed the hope that he can now be given the treatment he needs in a secure hospital environment.

But nobody from Burnley Health Trust would comment on the apparent about turn which had allowed him to be sent back to the hospital.

As she left Burnley magistrates court yesterday to meet her son, Susan said: "We hope he will not have to stay on a ward at Burnley General after what they have done for him.

"We hope a place will be found for him in a different secure hospital environment."

She said they are planning to sue Burnley Healthcare Trust and the police over the handling of the case.

Neil, 19, of no fixed address, suffers from acute attention deficiency hyperactive disorder and was sent to Lancaster Farm Young Offenders' Institute after bosses at Burnley General Hospital said he was too disruptive for their psychiatric ward.

He was arrested at the ward in July after damaging a wardrobe door and being charged with criminal damage.

His parents said they could not have him at home because of his condition and on six court appearances he was repeatedly sent back to Lancaster Farms young offenders' institution in Lancaster.

On his seventh appearance yesterday his solicitor Dermot Woodhead said he had been in custody since July 30. At the time of the offence he was detained at Burnley general under the Mental Health Act.

Mr Woodhead said arrangements had been made for Neil to see a psychiatrist and he had been assured there was now a bed at Burnley available.

He added: "He will now either be admitted to that bed today or if appropriate the hospital have a special duty to provide him with a proper residence placement and care."

He applied for a three-week adjournment pending the assessment. Asked if he wanted the case to proceed yesterday Mr Woodhead told the court: "I am exceedingly sceptical that the health authority will do what they say will do if Neil is no longer in the court process."

The case was adjourned until October 12.

Bail was granted on condition that Neil resides at the hospital or in accommodation provided by the health authority.

A spokesman for MIND (National Association for Mental Health) said: "This is a very unhappy story.

"We feel that inhuman or degrading treatment, such as being held in prison when a person apparently needs mental health care, is a violation of their rights under the European Convention."