08.04.14
Government to review Mental Health Act police powers
The Department of Health is considering whether to overhaul the ‘place of safety’ laws when police are dealing with people with mental health issues.
In an effort to determine whether the Mental Health Act is “fit for purpose” in providing care to someone suffering from a mental health disorder, the government will review the operation of Section 135 and Section 136 of the legislation.
These parts of the 1983 Act give powers to the police to “temporarily” remove people who appear to be suffering from a mental disorder and who need urgent care to a ‘place of safety’, so that a mental health assessment can be carried out.
Traditionally, a place of safety in the majority of cases is a hospital, but sometimes police stations are used. However, there have been questions over whether a police station is an appropriate place to detain people suffering a mental health crisis, especially young people, and whether the maximum length of detention under Sections 135 and 136 (72 hours) is too long.
A Department of Health spokesperson told NHE: “A mental health crisis can be very distressing for the person affected and those around them, which is why urgent and compassionate care in a safe place is essential.
“It is often the police who are first to encounter someone in crisis and we want to make sure they know how to get someone the support they need at the right time.”
The review, which will run until 3 June, will examine evidence to determine whether or not changes to the primary legislation would improve outcomes for people experiencing a mental health crisis.
As part of the review process, the Department of Health (DH) is asking for people to make comments and take part in its survey, which covers the use of powers; places of safety; maximum length of detention in a place of safety; getting a Section 135 warrant; where Section 136 should apply; transporting a person to a place of safety, or between places of safety; police powers to act in a mental health emergency; powers for health professionals to help a person experiencing a crisis; and diversity and equality.
In particular the DH is seeking the views of all those directly affected by Section 135 and/or Section 136 of the Mental Health Act including individuals who have experienced being detained under the legislation; families, friends, and carers of people who have been detained; police officers; Approved Mental Health Professionals (AMHP); paramedics and other ambulance staff; local Authorities; social workers; and any interested organisations such as voluntary sector organisations.
The government spokesperson added: “Following the launch of our Crisis Care Concordat – new guidance for all services dealing with mental health crisis situations – we are reviewing relevant sections of the Mental Health Act to ensure that it supports this vital guidance.”
The concordat has been signed by more than 20 organisations, including police, mental health trusts and paramedics. The DH will work in partnership with the Home Office and mental health charity Mind to promote and support local responses to the Concordat. Each locality is expected to have agreed a Mental Health Crisis Declaration by December 2014.
Deputy prime minister Nick Clegg said: “It’s unacceptable that there are incidents where young people and even children can end up in a police cell because the right mental health service isn’t available to them. That’s why we’re taking action across the country and across organisations to make sure those with mental health problems are receiving the emergency care they need.”
Currently, Section 135 of the Mental Health Act 1983 allows a magistrate to issue a warrant authorising police to enter private premises, if need be by force, to search for a person and remove them to a ‘place of safety’, and to detain them there for up to 72 hours, if it appears to the magistrate that “on information provided by an approved mental health professional that there is reasonable cause to suspect that the person believed to be suffering from mental disorder is unable to care for himself, is being ill-treated or is being neglected”.
And Section 136 applies to mentally disordered persons found in public places. It allows a police constable who finds, in a place to which the public have access, a person who appears to be suffering from mental disorder and to be in immediate need of care or control, to remove that person to a place of safety if the police constable thinks it necessary to do so in the interests of that person or for the protection of other people. A person may be detained in the place of safety for up to 72 hours for the purposes of being examined by a registered medical practitioner, to be interviewed by an approved mental health professional and any necessary arrangements made for his treatment or care. A place of safety is defined as being residential accommodation provided by a local social services authority, or a hospital, an independent hospital or care home for mentally disordered persons, a police station, or any other suitable place where the occupier is willing to temporarily receive the patient.
According to the DH, the results of its survey will inform the review and it will publish a summary of its responses later this year.
Tell us what you think – have your say below, or email us directly at [email protected]