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Policing and Crime Bill will take forward government pledge on limiting detention of mental health patients in police cells (10 February 2016)

Date: 10/02/2016
Duncan Lewis, Legal News Solicitors, Policing and Crime Bill will take forward government pledge on limiting detention of mental health patients in police cells

The Home Office has announced that the government will take forward legislation to greatly restrict the circumstances when a police cell can be used to detain people with mental health conditions.

The government has previously acknowledged that police cells are “a poor environment” for an individual experiencing a mental health crisis as they can make service users feel criminalised and exacerbate levels of distress.

This is especially true for those under the age of 18 – in 2014-2015, more than 150 children and young people were detained in police cells.

Delivering a manifesto pledge to ensure proper provision of places of safety for people detained under the Mental Health Act, the government says that changes to the Act will be made under the forthcoming Policing and Crime Bill.

Proposed changes include banning police cells as a “place of safety” for under-18s – and creating regulations to limit the circumstances in which police cells can be used a place of safety for adults.

The Bill will also reduce the maximum duration of detention for the purposes of an assessment under the Act from 72 to 24 hours – and will widen the current definition of a place of safety to increase local capacity and flexibility.

The government also proposes to extend police officers’ powers to act quickly to detain and remove people experiencing a mental health crisis from any place other than a private dwelling, for which a warrant would still be required.

The changes will also require police officers to consult health professionals before detaining a person under the Act’s provisions.

Minister for Preventing Abuse, Exploitation and Crime, Karen Bradley, said:

“The best place for people experiencing a mental health crisis is a healthcare setting – and those experiencing mental health problems should receive specialist care and support from healthcare professionals, rather than police officers.

“Too often and for far too long, vulnerable people experiencing a mental health crisis who have committed no crime have found themselves in a police cell because there is nowhere else to go.

“These measures will ensure a police cell is truly a place of last resort for vulnerable people experiencing mental health crises.

“Nobody wins when the police are sent to look after people with mental health problems – vulnerable people don’t get the care they need and deserve, and the police can’t get on with the job they are trained to do.”

Minister for Mental Health, Alistair Burt, said:

“Having a mental illness is not a crime, so a police cell is the last place you should be when experiencing a crisis – especially if you are a young person.

“I’m delighted to be delivering on our promise to end this practice for under 18s – it means families can have peace of mind that their loved ones will always be cared for in the right environment.

“Thanks to the hard work of NHS staff and police, we have more health-based places of safety and have reduced the number of police detentions – but I look forward to seeing how these measures make sure people with mental illness get the compassionate care they deserve.”

In May 2015, Home Secretary Theresa May announced up to £15 million of funding to provide health-based alternatives to police cells – additional provision will be focused on areas of the country where use of police cells is highest.

Duncan Lewis Mental Health Solicitors

Duncan Lewis is the UK’s largest provider of Legal Aid mental health services and can advise mental health patients on a wide range of issues – including access to NHS mental health services and detention under the Mental Health Act.

Duncan Lewis mental health solicitors regularly visit NHS hospitals and police stations to advise on mental health law – and are available nationwide at short notice for hospital and police station appointments.

In some cases, Duncan Lewis mental health solicitors may be able to advise the nearest relative or carer of a mental health patient on a range of issues, including initiating treatment reviews where appropriate.

For expert legal advice on mental health law, call the Duncan Lewis Mental Health Solicitors Helpline on 0333 772 0409.

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