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35,970 claims
The Public Sector Equality Duty requires public bodies to eliminate discrimination and advance equality of opportunity.
The Equality Duty requires public bodies to have due regard to the need to: 1. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010;
Governance · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 17
Extending Section 135 and 136 powers to health professionals could reduce police involvement.
If health professionals had the right powers, the number of situations where the police have to be called to use Section 136 powers when a qualified professional is already present might be reduced.
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 16
Health professionals are better suited to assess mental state compared to police officers.
A medical practitioner, approved mental health professional, or mental health nurse will be better able to make a judgement as to the mental state of the person, compared to a police officer.
Operational · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 16
There is no provision for immediate action by police or health professionals in a mental health emergency without waiting for a warrant.
there is no provision to allow the police or health professionals to take immediate action
Policy · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 15
Ambulance services should be used for transporting people detained under Section 135 or 136 if they are likely to be violent.
an ambulance service (or similar) vehicle should be used even where the police are assisting
Operational · Procedural statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 13
There is debate over whether Section 136 should apply in places like hospital wards, railway lines, and private vehicles.
there has been some debate over the use of Section 136 in other places, such as hospital wards or restricted areas, on railway lines, private vehicles
Policy · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 12
The detention period for a person suspected of a criminal offence is shorter than that under Section 136.
By contrast, a person detained in police custody on suspicion of a criminal offence can only be held without charge for a maximum of 24 hours
Operational · Comparative statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 9
A person detained under Section 135 or 136 can be held for a maximum of 72 hours.
may be detained in a place of safety for a maximum of 72 hours
Operational · Procedural statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 9
Police stations are often used as places of safety under Section 136 despite being intended only for exceptional circumstances.
a police station should only be used in ‘exceptional’ circumstances, but in some places it is used the majority of the time
Operational · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 8
The review will gather evidence through surveys, focus groups with individuals and families affected by Sections 135 and 136, and practitioner workshops.
This survey is one way in which we are gathering evidence for the review. The results will inform the review alongside other activity such as focus groups with people who have experienced being detained under these parts of the Mental Health Act 1983, and their families, friends and carers, and practitioner workshops with the police, approved mental health professionals, health professionals and others.
Policy · Procedural statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 2
The review will consider whether the maximum detention period of 72 hours under Sections 135 and 136 is too long.
whether the maximum length of detention under Sections 135 and 136 (72 hours) is too long
Policy · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 2
The review will examine whether police stations are appropriate places to detain individuals experiencing mental health crises.
However, there have been questions over whether a police station is an appropriate place to detain people suffering a mental health crisis, especially young people
Policy · Stakeholder position · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 2
Sections 135 and 136 of the Mental Health Act allow police to remove individuals from public or private places if they appear to be suffering from a mental disorder.
Section 135: allows a Justice of the Peace (a Magistrate) to issue a warrant authorising a police constable to enter private premises, search for and remove patients to a place of safety... Section 136 applies to mentally disordered persons found in public places. It allows a police constable who finds, in a place to which the public have access, a person who appears to be suffering from mental disorder and to be in immediate need of care or control, to remove that person to a place of safety if the police constable thinks it necessary to do so in the interests of that person or for the protection of other people.
Policy · Procedural statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 2
The Government is reviewing Sections 135 and 136 of the Mental Health Act 1983 to ensure they support timely care for people experiencing mental health crises.
The Government is reviewing the operation of Sections 135 and 136 of the Mental Health Act 1983 in England and Wales to make sure that the legislative framework supports getting the right support for people at the right time.
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act — Review of the operation of Sections 135 and 136, page 2
The review will publish a summary of the responses later in 2014.
We will publish a summary of the responses later in 2014.
Research · Commitment statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act, [page]
The review will gather evidence through surveys, focus groups with individuals and their families, and practitioner workshops.
This survey is one way in which we are gathering evidence for the review. The results will inform the review alongside other activity such as focus groups with people who have experienced being detained under these parts of the Mental Health Act 1983, and their families, friends and carers, and practitioner workshops with the police, approved mental health professionals, health professionals and others.
Research · Procedural statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act, [page]
The review will assess whether the maximum detention period of 72 hours under Sections 135 and 136 is appropriate.
and whether the maximum length of detention under Sections 135 and 136 (72 hours) is too long
Policy · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act, [page]
The review will examine whether police stations are suitable places of safety for individuals experiencing mental health crises.
However, there have been questions over whether a police station is an appropriate place to detain people suffering a mental health crisis, especially young people
Policy · Observational claim · From Review of the operation of Sections 135 and 136 of the Mental Health Act, [page]
Sections 135 and 136 allow police to remove individuals who appear to be suffering from a mental disorder to a place of safety for assessment.
These parts of the legislation give the police powers to temporarily remove people who appear to be suffering from a mental disorder and who need urgent care to a ‘place of safety’, so that a mental health assessment can be carried out and appropriate arrangements made for their care.
Operational · Procedural statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act, [page]
The government is reviewing Sections 135 and 136 to ensure they provide appropriate support for individuals experiencing mental health crises.
The government is reviewing the operation of Sections 135 and 136 of the Mental Health Act 1983 in England and Wales to make sure that the legislative framework offers the right support for people at the right time.
Policy · Policy statement · From Review of the operation of Sections 135 and 136 of the Mental Health Act, [page]