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16.04.14

Government demands end to police cell use in mental health cases

More than a third of people detained by police under the Mental Health Act’s ‘place of safety’ rules last year ended up in a police cell because there were not enough staff or beds in the health system.

Police cells are only meant to be used in “exceptional circumstances”, but there has been growing evidence in recent years of their widespread use and the potentially harmful consequences.

A new map developed by the Care Quality Commission (CQC) shows the location of all 161 health-based places of safety in England and gives details of opening times, the areas they serve, their capacity, and the age groups they accept. (Above image shows a screenshot of the online map)

But in its research, the CQC found that of the 21,814 reported uses of Section 136 of the Mental Health Act last year, 7,761 involved the use of a police cell.

The CQC also found that while all but one upper-tier local authority area is served by a health-based place of safety, more than a fifth of areas have nowhere suitable for under-16s.

Figures from the Association of Chief Police Officers estimate that, in 2012-13, 580 children and young people aged under 18 were detained under Section 136, of whom an estimated 263 (45%) were taken to police custody. CQC believes that “the restrictions on access for young people to health-based places of safety in some areas are a key reason for this”.

Dr Paul Lelliott, Deputy Chief Inspector of Hospitals (lead for mental health) said: “We undertook this work because the Home Secretary expressed concern in May last year about the number of people who found themselves inappropriately taken to police stations during a mental health crisis. We too are worried about what appears to be the routine use of police custody as a place of safety. We are particularly worried about the number of young people affected by this and the fact that so many areas are not served by a health based place of safety that will accept a young person who is experiencing a mental health crisis.

“The Mental Health Crisis Care Concordat states that a local health-based place of safety should be available for young people who are in crisis. Young people should be able to use this facility even if it is attached to an adult ward. They should certainly not be taken to police stations routinely.

“We are calling on those providers that restrict access to health-based places of safety for young people to review their local protocols and to ensure that appropriate arrangements are in place.

“This map can help the police to identify the nearest health-based place of safety – where a suitable one is available – to avoid people being taken to a police station when what they so badly need is to be assessed in a therapeutic environment.

“We will use this map to inform our inspections of mental health service providers – helping them to improve crisis care - and our monitoring of police powers under the Mental Health Act.”

Care minister Norman Lamb said: “It is unacceptable for a child in a mental health crisis to be taken to a police cell because there is no health-based place of safety. Our Crisis Care Concordat reinforces the duty on the NHS to make sure that people under 18 are treated in an environment suitable for their age, according to their needs.

“Whilst there has been a welcome decline in the use of police settings as places of safety over the past couple of years, this is still not as rapid a fall as we would like.

“It is imperative that all areas implement the principles of the Concordat as quickly as possible to make sure good crisis care is available, no matter what your age or where you live.”

Home secretary Theresa May added: “As I have made clear, people detained under the Mental Health Act should not be held in police cells. The best place for people suffering a mental health crisis is a proper healthcare setting.

“The Secretary of State for Health and I expect the findings of this report to be acted upon quickly.

“I have also asked HMIC to investigate how vulnerable people are treated in police custody and the Government has launched a review of sections 135 and 136 of the Mental Health Act.

“I look forward to the publication of the CQC’s full report in the summer.”

More detailed results and statistics are available on the CQC website.

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