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 (usually a police station cell or
hospital emergency department) is to enable them to be assessed by
a doctor or interviewed by an allied mental health professional;
however, they may be discharged from there without ever having seen
a mental health practitioner. Because Section 136 is the only civil
detention under the Mental Health Act for which no statutory form
is required, there is a lack of reliable data on the use of Section
136.
This report is a set of standards giving
guidance on the use of Section 136. It advocates the provision of
dedicated assessment facilities in mental health units, which are
adequately staffed.
It includes 24 separate recommendations
focusing on:
- Physical standards of places of safety
- Staffing issues
- Conveyance of patients between places of
safety
- Local Policy and monitoring of standards
(both at the local and the national level).
The report includes the first ever
standardised recording form to monitor Section 136 detentions; this
will give rise to much-needed data on the quality of care.
Note: This report replaces CR61: Report of the working group
on standards of places of safety under Section 136 of the Mental
Health Act (1983).
Organisations endorsing this
report:
Association of Chief Police Officers
British Association of Social Workers
College of Emergency Medicine
Faculty of Forensic and Legal Medicine
Forum for Preventing Deaths in Custody
Mental Health Act Commission
National British Medical Association Mental Health
Network
National Institute for Mental Health in England
Royal College of Nursing
Organisations supporting this report:
Healthcare Commission
Independent Police Complaints Commission
(Report prepared in discussion with the
Ambulance Service Association.)
Contents
- Organisations endorsing the report
- Executive summary and recommendations
- Preface
- Working Group
- Introduction
- Comments on preliminary report by users and carers
from Black and minority ethnic communities with experience of the
use of Section 136
- Place of safety
- Staff roles and responsibilities
- Local policy and procedure
- Procedure for implementation of Section 136
- Monitoring and audit
- References
- Appendices:
1. Communication form
2. Staff roles, responsibilities and support required
3. Success criteria