The Royal College of Psychiatrists welcomes
the Independent
Police Complaints Commission’s (IPCC) report which examines the
role of the police in relation to the use of Section 136 of the
Mental Health Act 1983.
Section 136 of the Mental Health Act enables
the police to take someone who they believe is suffering from a
mental disorder and in need of immediate care or control from a
public place to a place of safety.
The IPCC report highlights the number of
individuals who are taken to a police station as a place of safety.
The College agrees that such an environment is poorly suited to
managing vulnerable people who have medical problems or are at risk
of harming themselves, and may also have the effect of
criminalising them. The revised Code of Practice to the Mental
Health Act makes clear that this should only now occur on an
“exceptional basis”.
The Royal College of Psychiatrists has
established a multi-agency group to develop a new set of standards
on the use of Section 136. All relevant professional organisations
and monitoring agencies were involved, including the IPCC. We are
pleased that many of the IPCC’s recommendations relate to
recommendations made in these new standards, which are due to be
published on 29 September 2008.
Dr Michele Hampson, chair of the multi-agency
group responsible for developing these new standards, said: “The
IPCC research highlights the need to improve practice in relation
to Section 136. However, we do not currently have reliable
data on the number of people who are detained in this way.
“Detention under Section 136 is the only civil
detention under the Mental Health Act for which no statutory form
is required. The Royal College of Psychiatrists wants to see a
single, nationally-agreed standard form introduced, and we are
pleased that the IPCC has adopted this as one of its
recommendations (Recommendation 13). Only then can we begin to
improve standards of care for this vulnerable group of
individuals”.
Dr Hampson also highlighted the urgent need
for better staffing of Section 136 facilities. She said: “Although
the Department of Health released £130 million for the development
of Section 136 assessment facilities in mental health units in
2006, no funding was allocated for staff. Anecdotally, we have
heard of new units which are unable to open for lack of staff, and
others that expect the police to remain until the assessment has
been completed. Sufficient staff must be available at short notice
to enable these facilities to cope with all but the most disturbed
individuals or those needing medical care. This must be given the
priority it deserves.”
For further information, please contact Liz Fox or Deborah
Hart in the Communications Department.
Telephone: 020 7235 2351 Extensions. 6298 or 6127
References:
Docking M, Grace K and Bucke T (2008) Police Custody as a "Place of Safety": Examining the Use of Section 136 of the Mental Health Act 1983. Independent Police Complaints Commission
Note to editors:
Section 136 of the Mental Health Act 1983 gives the police powers to remove a person who appears to be suffering from mental disorder and who is “in immediate need of care or control” from a public place to a place of safety. Removal may take place if a police officer believes it is necessary in the interests of that person, or for the protection of others. The purpose of removing a person to a place of safety is to enable them to be assessed by a doctor or interviewed by an allied mental health professional, so that the necessary arrangements can be made for their care and treatment.
The Royal College of Psychiatrists will launch its Standards on the Use of Section 136 of the Mental Health Act 1983 on 29 September 2008. The Standards have been developed by a multi-agency group, led by the Royal College of Psychiatrists. Members include representatives from the Metropolitan Police, the Royal College of Nursing, the College of Emergency Medicine, the Faculty of Forensic and Legal Medicine, the Ambulance Association, the Healthcare Commission, Mental Health Act Commission, the National Institute for Mental Health in England and the IPCC.
The Royal College of Psychiatrists is tackling the inequalities facing people with mental health problems through its new three-year Fair Deal campaign. Over the next three years the College will focus on eight priority areas: Funding, Access to Services, In-patient Services, Recovery & rehabilitation, Discrimination & stigma, Engagement with service users and carers, Availability of psychological therapies, Linking physical and mental health. www.fairdeal4mentalhealth.co.uk