Evidence browser
Explore the evidence
Loading the evidence…
The Association of Mental Health Providers’ evidence observatory
Evidence browser
Loading the evidence…
Evidence browser
35,970 claims
Service users reported negative impacts on seeking employment due to their detainment under Section 136 being disclosed by Police.
Several service users reported negative impacts on seeking employment and voluntary positions, as their detainment under Section 136 had been disclosed by Police under a Disclosing and Barring Service (DBS, formally CRB) check
Service · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 17
The Crisis Care Concordat is seen as a driver for better engagement of and with Emergency Departments.
Across the events in England, the Crisis Care Concordat was seen as a driver for better engagement of and with EDs
Operational · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 16
Commissioners have a crucial role in ensuring the effective execution of Sections 135 and 136.
There are number of themes that run through the report, but one that perhaps features most is the crucial role commissioning plays in ensuring the effective execution of the law
Commissioning · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 20
Service users and professionals agree that police custody should seldom, if ever, be used.
By and large there were few differences between the views of professional stakeholders and service users. For example most agreed that police custody should seldom, if ever, be used
Service · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 20
Emergency Departments (EDs) are starting to join multi-agency meetings on mental health crisis, but more work is needed for better engagement.
It was reported that EDs were starting to join more in multi-agency meetings on mental health crisis and an ED representative attended one of the West Midlands events. In this and other areas, protocols were being developed for the circumstances in which an ED might be used as a place of safety
Operational · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 16
There is a consensus that there should be identified places of safety available for people under 18, catering for different ages and risk posed.
there was consensus among our stakeholders that there ought to be identified at all times a range of potential places of safety available, catering for different ages and risk posed
Service · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 16
NHS England and the Welsh Government should commission more child and adolescent inpatient facilities according to need.
NHS England and the Welsh Government should commission more child and adolescent inpatient facilities according to need.
Commissioning · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 16
Commissioners should have responsibility to contract and resource for timely application of the Act.
I think commissioners should have responsibility in legislation to contract and resource to enable timely application of the Act
Commissioning · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 13
A successful area conducts the whole process of Section 135 in less than four hours.
One particular area in the South of England reported being able to conduct the whole process in most cases in less than four hours and often within two
Service · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 12
Carers generally support speeding up Section 135 processes.
Conversely carers were by and large in favour of anything that would speed up the process of a Section 135
Policy · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 12
Service users oppose changing Section 135 legislation.
Service users we met were universally against changing the legislation around Section 135 and did not wish to see Section 136 being extended into a private place
Policy · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 12
Some courts were unfamiliar with Section 135 and 136 legislation.
Some Magistrates and clerks of courts were not familiar with the legislation and AMHPs reported additional scrutiny and time taken to issue warrants as a result.
Governance · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 11
Most carers had a positive experience of the police response during Section 135.
However, most carers we spoke to had a positive experience of the police response, and the execution of a section 135 warrant was often the conclusion of a lengthy and largely frustrating experience of seeking help for the person they cared for.
Service · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 11
Carers experienced delays and police response as distressing during Section 135.
The length of time it took from requesting help to the full execution of the warrant. The response of the police e.g. having several blue-lighted vehicles arriving and witnessing the person they cared for being restrained.
Service · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 11
Service users found Section 135 traumatic.
The sectioning under Sections 135 or 136 was experienced as a traumatic event in most cases by service users and Section 135 was traumatic for some carers.
Service · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 11
Executing a Section 135 warrant is often very time-consuming and can take up to 4 to 12 hours.
The whole process from organising a warrant (including collecting ample evidence to justify its issue), organising the police, ambulance and necessary mental health professionals, to arranging a place of safety, was reported to be very time consuming; in some areas, 4 to 12 hours was not uncommon.
Service · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 10
Service users from Black and Minority Ethnic communities report being perceived as more aggressive and dangerous.
Two service users at different events and both from African Caribbean heritage made the same comment, “we are seen as big, black and dangerous”. Service users from black and minority ethnic communities at stakeholder events consistently reported they were more likely to be perceived as aggressive and posing risk to others and subject to physical restraint.
Service · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 8
Finding an appropriate bed post-assessment is particularly challenging for young people under 18.
Again the consensus for virtually all our stakeholders was that this was a commissioning issue and one that local Clinical Commissioning Groups and NHS England (particularly in the case for beds for under 18s) needed to address.
Commissioning · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 7
Transporting individuals under Sections 135 and 136 is often done by the police due to ambulance service limitations.
In most areas it was the police who provided the means of conveyance as although local policy dictated the primary means be via ambulance, in practice ambulance providers were not able (and nor indeed were commissioned) to respond in a timely fashion.
Service · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 7
Most stakeholders believe that the maximum time of detention should be reduced to 24 hours.
The vast majority of those we met considered that 24 hours was ample time for an assessment to take place, and therefore that the maximum time of detention should be reduced to 24 hours.
Policy · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — The views of professionals, service users and carers, page 7