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<p>It is not acceptable for people detained under section 136 of the Mental Health Act 1983, who are not being investigated for a crime, to be taken into police custody-other than in genuinely exceptional circumstances, such as the person's behaviour presenting an unmanageably high risk of harm to health care patients or staff.</p><p>In 2012-13, 8,004 detentions made under section 136 resulted in the police taking the individual to a police station-that amounts to 36% of all section 136 detentions<Sup>1</Sup>.</p><p>The lack of a health based place of safety is not an acceptable reason for police custody to be used. In England it is the responsibility of NHS Clinical Commissioning Groups to ensure that a sufficient number of health based places of safety appropriately staffed, are provided in the area for which they are responsible. In Wales the Welsh Government has responsibility for health commissioning.</p><p>In May this year the Secretary of State for the Home Department announced a number of measures aimed at reducing the numbers of people detained under section 136 being taken into police custody, including:</p><p>a review of the operation of Sections 135 and 136 of the Mental Health Act will get under way this financial year-to</p><p>ensure that the legislative framework supports getting the right support for people at the right time;</p><p>two new health based places of safety to open in January in Scarborough and York-North Yorkshire is the only police force area in England where there are currently no health based places of safety to take people detained under section 136; and,</p><p>the Department of Health funding nine police forces to pilot mental, health street triage schemes, which involve police officers and health professionals working together on the ground, with a key aim of using that expertise to reduce the number of section 136 detentions necessary.</p><p>The Home Department is also signing up to the Mental Health Crisis Care Concordat, an agreement between a wide range of national agencies including NHS England and the police, which includes principles and actions that I expect will lead to many fewer people detained under section 136 being taken into police custody.</p><p>In particular, the concordat challenges local partners to provide the services necessary to meet the needs of those suffering mental health crises locally.<Sup>1</Sup>In-patients formally detained in hospitals under the Mental Health Act1983 and patients subject to Supervised Community Treatment AnnualFigures, England 2012-13-published by the Health and Social CareInformation Centre, October2013.</p> |