Mental Health Act: Section 136

Opened the debate

The MP discussed a small but critical aspect of Section 136 of the Mental Health Act, focusing on police powers to remove individuals from public places to places of safety when suffering from mental disorder. He highlighted that section 136 enables the police to detain someone in need of care and control for up to 24 hours without arrest. From 2018-2019, about 50,000 people were detained under the Mental Health Act, with around 18,000 under Section 136. Sir Paul recounted a personal experience in Wandsworth where a young woman threatened suicide and was eventually taken to St George’s Hospital after considerable intervention by police and healthcare professionals. He argued that if this incident had occurred in a public place rather than privately, the police could have intervened more swiftly. He proposed removing the restrictive reference to 'public place' from Section 136 to make it easier for officers dealing with individuals at risk of self-harm or harming others.

Government Response

The Minister acknowledged the importance of the issue raised by Sir Paul Beresford and highlighted progress made through initiatives in the Policing and Crime Act 2017 to improve outcomes for people experiencing mental health crises. He noted that while police officers have powers to prevent crime and protect people from serious harm, they are not trained mental health practitioners and should not be given additional responsibilities without due process. The Minister mentioned that the Government does not believe it is appropriate to give police the power to remove individuals from their homes without a warrant issued by mental health professionals. He stated that current powers allow officers to support professionals who have obtained a section 135 warrant for such removals, and emphasised the need to ensure proper mental health crisis care services are available throughout the country. The Minister expressed willingness to meet with Sir Paul Beresford to discuss further actions, acknowledging the importance of addressing increasing demand for mental health services and ensuring that legislation in this area remains appropriate.