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35,970 claims
Staffing the 136 suites is a significant challenge due to resource constraints.
Staffing the 136 suites was a problem in many areas, as the suites were staffed from other wards and there was pressure for these staff to return to duties on their ward of origin. Staffing worked best where two posts on the supplying inpatient wards were supernumerary or where there was a cluster of inpatient wards and the burden of staffing was shared across more than one ward.
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
Use of police cells as a place of safety is becoming less common, except for young people under 18 in some areas.
By and large in the areas we visited use of police custody as place of safety was decreasing and where it was used it was used appropriately, i.e. for people who posed marked risk especially to others, but it was reported that increasingly police forces preferred to provide officers to support mental health staff in the 136 suite in these circumstances, and therefore use of police custody was becoming highly exceptional in most police areas where we held events.
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 areas have designated suites for assessing people under Sections 135 and 136.
Most areas we visited had one or more designated suites for the assessment of people under sections 135 and 136.
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
The review sought to explore stakeholder experiences of Sections 135 and 136 and identify areas for change.
The Centre’s brief was to explore stakeholders experience of these police powers and where they saw the need for change
Commissioning · Commitment 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 6
The review covered a broad range of stakeholder views across England and Wales.
Centre for Mental Health was commissioned by the Department of Health and Home Office to meet key stakeholders across England and Wales
Commissioning · 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 3
The Centre for Mental Health met with approximately 70 service users and carers during the review.
The views of approximately 70 service users and carers were collected through these events
Commissioning · 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 5
Both Section 135 and 136 are forms of arrest with similar rights as other arrested individuals.
Both Section 135 and 136 are a form of arrest and police officers are empowered as such under the Police and Criminal Evidence Act 1984
Policy · Procedural 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 4
Section 135 allows for the removal of a person from private premises if they are suspected to be suffering from mental disorder.
Section 135 (1) allows for the AMHP and Registered Medical Practitioner to make an assessment within private premises
Policy · Procedural 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 4
The Mental Health Act's police powers have remained largely unchanged since the 1959 Act.
the police powers in this act were not significantly amended, and indeed bear strong resemblance to the powers in the 1959 Act
Policy · Historical 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 4
The application of police powers under Sections 135 and 136 can vary significantly.
the application of police powers under the Mental Health Act can vary and therefore so too can the experience
Operational · 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 3
The Mental Health Act allows for the deprivation of liberty under certain conditions.
It can compel people to receive treatments they might not voluntarily accept, and all of this will be done with the best intentions.
Policy · 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 3
There should be sufficient commissioning of mental health services to reduce involuntary admissions.
Therefore there needs to be commissioning of sufficient mental health services, including health-based places of safety.
Commissioning · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 78
The use of police cells as a place of initial containment should be seen as exceptional and only used when the person is unmanageable in a health setting.
However, we are aware of health-based places of safety that try hard not to exclude people on the basis that they are highly disturbed and aggressive (such as the NAVIGO place of safety in Grimsby) and any use of a police station for any reason should be seen as exceptional and an incident to be avoided wherever possible.
Operational · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 77
There is a need for further training and awareness raising regarding alternative places of safety beyond health-based facilities.
Further training and awareness raising in this area would be beneficial. This may indicate a lack of awareness of the alternatives and MHA Code or an absence of local support for these alternatives being used.
Operational · Commitment statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 75
The number of detentions under Section 136 is increasing while continuing detentions are declining.
The number of detentions continues to rise while the number of continuing detentions declining although we acknowledge that there needs to be further work in reviewing the data held on outcomes and this should be a key aspect of local multi-agency reviews of how the powers are being applied.
Operational · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 74
The detention period under Section 136 should be reduced to ensure individuals receive timely medical assessment.
In no circumstances in either a health based place of safety or in police custody should an individual fail to receive an assessment within 24 hours. In police custody, this assessment should be delivered as early as possible within that 24 hour period.
Policy · Commitment statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 74
The use of Section 136 detentions in police custody is too high and should be reduced.
Police and Crime Commissioners consider that use of Section 136 in cases where an individual is detained in a police cell, rather than a Health-based place of safety, is too high and is being used more than ‘exceptionally’. 36 % of Section 136 detentions in the last year for which statistics are available, were detentions to police custody. This is far too high.
Policy · Risk statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 73
Ambulance trusts should play a central role in enabling patients and other healthcare providers to access care pathways more effectively.
AACE remain ready to engage in discussions about the central role ambulance trusts could fill in enabling patients and other healthcare providers to access the care pathways they need more effectively.
Commissioning · Commitment statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 72
Paramedics struggle to access mental health services directly, often leading patients to inappropriate care settings.
As a paramedic, we struggle to access appropriate services, either acute or chronic; for individuals experiencing mental health issues
Service · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 65
AMHPs and Crisis/Home Treatment Teams are understaffed, leading to delays in mental health assessments.
The numbers of AMHPs are reducing all over the country which has a serious knock-on effect for the speedy resolution of Mental Health Act assessments - and their pay is dire so many are leaving the profession as the support and guidance continues to be pared down whilst the risks increase.
Commissioning · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 64