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35,970 claims
Health-based places of safety should be available 24/7 with appropriate staffing.
These statements attracted the strongest degree of support across the board, with near-total agreement that health-based places of safety need to be available 24/7 (with the right staffing)
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 20
Police cells are often used as places of safety due to a lack of health-based alternatives.
Most respondents felt that police cells are ‘often’ used as places of safety because of a lack of health-based places of safety
Policy · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 18
Police and paramedics are confident that Section 136 is used correctly, but mental health nurses and AMHPs disagree.
Police and paramedics are broadly confident that Section 136 is used correctly; but there is more disagreement among mental health nurses and AMHPs.
Policy · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 13
Less than half of respondents agree that Sections 135 and 136 are used correctly.
These questions suggest that, overall, more respondents think that Sections 135 and 136 are used correctly than disagree that they are used correctly, but less than 50% in each case agree with this proposition.
Policy · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 13
There is a perception among some respondents that Black and Minority Ethnic groups are disproportionately detained under Section 136.
Diversity and equality need further consideration in the operation of S136 detentions. 63 people highlighted that Black and Minority Ethnic groups are more likely to be detained under Section 136 compared to the general population, and that this can be perceived as discriminatory
Context · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Summary of responses from public consultation, page 7
67% of survey respondents agree that the police do not have sufficient powers to act in emergencies in people's homes.
67% of respondents in the survey agreed that the police do not have the right powers to act in an emergency in people’s homes.
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 5
96% of survey respondents believe health-based places of safety should have 24-hour access and staffing.
96% of respondents in the survey said that health-based places of safety should have 24-hour access and staffing available
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 5
49.7% of survey respondents believe police cells should never be used as a place of safety.
49.7% of people who responded to the survey said that police cells should never be used as a place of safety.
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 4
The review recommends expanding Section 136 powers to apply anywhere except private homes.
This would include railway lines, private vehicles, hospital wards, rooftops of buildings, and hotel rooms).
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 64
Extending S136 powers to health professionals could reduce delays and improve outcomes, but raises concerns about safety and therapeutic relationships.
Another point made was that health professionals may be better able to judge whether a person needs to be detained leading to fewer S136 detentions where following assessment, the person is released with no further action taken. However, this raises a number of practical issues. Many health professionals were concerned that the use of such powers could involve dealing with potentially violent or dangerous people, for which the police are better trained and equipped.
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 63
The review recommends reducing detention under Sections 135 and 136 to a maximum of 24 hours with provisions for unavoidable extensions.
The review recommends reducing the maximum length of detention under S135 and S136 to 24 hours from 72 hours, in any place of safety, with provision for an extension (duration to be determined) to be authorised in unavoidable cases where any assessment or other necessary steps could not be carried out in the timeframe.
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 61
Reducing detention time under Sections 135 and 136 from 72 hours to 24 hours would encourage quicker mental health assessments.
If the person is under the influence of drink or drugs, more time would be needed before a mental health assessment could take place – although in many cases 24 hours would be sufficient. Others felt that leaving the additional flexibility of a maximum length of detention at 72 hours meant that it was more likely that the person would receive the right outcome, rather than a decision to be made to suit the time available.
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 60
The majority of respondents to the survey believe that the maximum detention period of 72 hours is too long.
86% of respondents to the survey agreed that ‘The maximum length of detention (72 hours) is too long for a person to wait for a mental health assessment in police custody’
Metric · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 60
The review recommends speeding up S135 warrant processes to reduce delays.
However, it is recommended that local partners take steps to speed up S135 warrants and streamline processes as much as possible.
Operational · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 58
The review does not recommend creating an emergency power under S135 due to complexities and human rights considerations.
On balance, given the complexities of human rights and civil liberties considerations, the review does not recommend the introduction of such an emergency power at this time but recognises the need for further detailed discussion and consultation with those affected on these issues;
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 57
There is a need to explore alternative places of safety, such as care homes or modified police station facilities.
The review recommends that CCGs and partner agencies should explore alternatives to police custody, provided that they are able to keep the person safely and securely and meet the required standards in facilities and staffing.
Service · Commitment statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 54
CCGs should review and ensure sufficient spaces are available for children and young people in health-based places of safety.
The review therefore recommends that CCGs should review their provision and ensure that sufficient spaces are available for children and young people, and that no child or young person is turned away from a health-based place of safety because of their age.
Commissioning · Commitment statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 53
Health-based places of safety should accept individuals under the influence of drugs or alcohol.
It is possible that this shift could result in more people being detained under S136 who are under the influence of drink or drugs but do not have mental health conditions.
Operational · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 52
The review recommends amending legislation to ensure children and young people are never taken to police cells if detained under S135 or S136.
The review recommends, depending on resolving any funding issues, and a full impact assessment, amending legislation so that children and young people are never taken to police cells if detained under S135 or S136.
Policy · Commitment statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 48
The Crisis Care Concordat emphasizes that children should not be held in police cells and must receive care appropriate for their age.
It is unacceptable for a child to be held in a police cell while awaiting medical help and that all services should work together to minimise the chance of young people with mental illness ending up in a police cell.
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Full review report and recommendations, page 45