Places of Safety - Mental Health Act

Hello. Welcome to this mental health law training session from Data Law. My name's Steph Barber on I'm a retired solicitor from Law Hound Limited, and I was previously on the Law Society's Mental Health Review Tribunal Accreditation panel on this session is going to be looking at places of safety and sections 135 and 136 in relation to the Mental Health Act 1983 and sections 135 and 136 Allow intervention in the case of someone who appears to be suffering from a mental disorder under 135 they may be subject off. Ah, warrant or under 136 they may be in a public place on the respective sections. Allow them to be taken to a place off safety. The Policing and Crime Act 2017 or the PC A makes quite significant changes to each of those sections in relation to places of safety on. We're going to examine those changes on Look at the impact what will now constitute a place of safety. Section 135 off the MH A is a warrant for removal to a place of safety on this section allows on approved mental health professional or an A M H P, to apply on oath within their jurisdiction for a warrant to enable a police constable to enter any premises specified in that warrants and use force where necessary to either remove a person who they have reasonable cause to suspect is suffering from a mental disorder to a place of safety with a view to making an application in respect of that person under part two of the MH A or other arrangements for their treatment or care or, if they have already bean removed Changes made by the PC A. Now allow for the person to be kept at the premises specified in the warrant, assuming that it is already a place of safety. The grounds for obtaining the warrant are that the person either has or is being ill treated, neglected or kept otherwise than under proper control in any place within the justices jurisdiction or alternatively, is unable to care for himself or is living alone in any such place. A warrant under subsection one of Section 135 provides entry Onda Lawful Act to do something which would otherwise be a trespass on the warrant is executed once a constable has achieved entry to the premises either by invitation or by force, and the police officers should be accompanied by on approved mental health professional on by a registered medical practitioner. Subsection two of 135 provides for a similar warrant to be applied for by a police officer or other authorised person to enable the retaking of a patient who's already detained under the Mental Health Act or subject to recall under community treatment. On this would be on the grounds that firstly, there is reasonable cause to believe that the patient is to be found on the premises within the jurisdiction of the justice. On secondly, that admissions the premises has bean refused or that of refusal off. Such admission is expected, and for that weren't the police constable can be accompanied by a registered medical practitioner on any person authorized by legislation to enable that the taking or retaking off that patient and so again it enables entry to any premises specified in the warrant and to use force where necessary. And under subsection three of Section 135 which was amended by the Mental Health Act 2007 the person can be removed from one place of safety to another place of safety. Andi. The current guidance to police offices in relation to Section 135 makes it plain that AH warrant under that section gives the power of entry to the police, but it does not require them to force entry to the premises or convey the service user toe hospital. If that survey user is already cooperating with the assessment, professionals involved are reminded to use a judgment on discretion depending on the circumstances. However, if the assessment is to be conducted at the premises, the police officers should remain in attendance as they are not only responsible for the execution of the warrant, but also responsible for ensuring that any identified risks to to themselves or others are minimized. The number off police presence and how closely they control the assessment will vary according to the level off assessed risk. Section 136 relates to removal etcetera without a warrant, and it relates to someone who is in a public place. On that is a place which the public have access to, and so a public places effectively anywhere other than a home which is solely used by the person in question, so that could potentially include something like shared access or communal areas such as gardens and section. 136 enables a police officer if they find a person who appears to the officer to be suffering from mental disorder and to be in immediate need of care or control in a public place than the officer may, if they think it necessary to do so in the interests off that person or for the protection of others, remove the person to a place of safety. Now that was what was originally within the MH A. However, the PC A extends this beyond just a removal to include keeping someone at a place of safety. So Section 136 subsection one as amended ads on that if a person is already at a place of safety within the meaning off the section, then they can keep that person at that place of safety or remove the person to another place of safety. So if the peace officer finds someone in a public place on feels that they satisfy the criteria, the police officer can either remove the person or keep them at an existing place of safety or remove them to another place of safety. Let's briefly consider protective searches under the new section 136 C Now where a warrant is issued under Section 135 or a person is to be kept a removed under Section 136 than the PC A also adds in Section 136 C to enable protector searches to be carried out. The new section means that's the person whose the subject of the warrants or who's being removed or kept, can be subject to search. If the police officer has reasonable grounds for believing that the person may present a danger to himself or others or to others, Andi is concealing on his or her person on item, which could be used cause physical injury to himself, herself or to others. So two criteria to be met the officer needs down of reasonable grounds for believing the person may present a danger Andi that they may be concealing something on themselves that could be used to cause physical injury in terms of exercising the power under Section 135 subsection one, it could be used at any time during the period, beginning with time when the police officer answers the premises specified in the warrant on ending when that person ceases to be detained under section under subsection two of Section 135 it's at any time while the person is being removed under the authority off the warrant. On under section 136 it's It's any time. While the person is being detained on the search is one off limited authority. It does not authorize the police officer to require a person to move any of their clothing other than their outer coat, jacket or gloves. It does authorize a search of a person's mouth, but it does allow for anything which is found to be seized and retained, provided that the police officer has reasonable grounds for believing a person searched might use it to cause physical injury either to themselves or toe others. So how long can a person be kept or detained? We'll formally it waas 72 hours. However, the PC a means the period of detention is now 24 hours and in accordance with Section 135 subsection three b. That period of 24 hours starts at a time when the person arrives at that place where the person's removed to a place of safety or the time when the police constable first entered the premises to execute the warrant in a case where the person is being kept at the premises specified in the warrants. However, guidance from the Royal College of Psychiatrists is that assessment should be started within three hours unless there are clinical grounds for delay. So to deal with the potential grounds for delay, the PC A inserts additional criteria that enables detention to be extended by further 12 hours, beginning immediately at the end of the period off 24 hours by the registered medical practitioner who is responsible for the examination off the person detained under section 135 or 136 But that's only where the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment to take place within the 24 hour period or if it could be started but not completed within the 24 hour period. However, if the persons detained at a police station on the assessment is going to be carried out or completed. They're then. The registered medical practitioner also needs the authority, often officer off the rank of superintendent or above before it can be approved. So with the amendments made by PC A, the maximum detention anywhere is now 36 hours, with the last 12 hours requiring specific authorization. So let's examine what is a place of safety. Well, both sections 135 on 136 of the MH A. Refer to a place of safety on prior to PC A. That meant a residential accommodation provided by local Social Services Authority Ah hospital as defined within the act an independent hospital or care home for mentally ill people or a police station or any other suitable place if the occupier of which is willing temporarily to receive the patients and prior to the PC A. The definition or location off place of safety caused some concern. The main area of concern was that a place of safety included a police station. So, for example, Home Office Circular seven of 2000 and eight made it quite clear that a police station should not be a place of safety, safe for exceptional circumstances involving the risk or threat of serious harm posed by the person to themselves, all those tasked with looking after their health needs. A reports following a survey completed in 2014 by the Care Quality Commission stated that it was of serious concern that police stations are being used as a default place of safety on. The survey showed that despite the fact that police station should be only used in exceptional circumstances, they were being used fairly frequently, which of course had a significant impact on the person being detained and it was really to deal with those documented concerns. Expressed that the PC A has added section 136 a to the MH A on that clearly states, firstly, that Children, that is anyone under the age 18 cannot be removed to or kept at or taken to a police station as a place of safety. The section also provides for further guidance to be issued regarding the use of police stations as places of safety for those who are over 18 in particular. Those regulations have not been finalized at this time. However, it's anticipated that the regulations will determine that adults, that is anyone over 18 will only be able to be removed to or kept at a police station as a place of safety in circumstances which will be specified within the regulations. And the guidance and regulations will also advise how adults are to be removed, kept at taken to a police station on how they will be generally treated. Andi reviewed. And in addition, where a person is kept at a police station is a place of safety. They're not going to be detained under pace that see Police and Criminal evidence act. And what we do know is that following the PC A before a police officer can remove or keep a person at a place of safety, then, if practicable. To do so, they must first consult one of the following a registered medical practitioner or a registered nurse or an A m HP or any other person who subsequently going to be specified so potentially a safe guard that is enlisting the aid off professionals to find an alternative to a police station, Ondas mine. Point out, the safeguard increases the likelihood of someone being linked to the appropriate mental health support without the use off compulsory powers. All, of course, it very much remained to be seen how and when. It's going to be reasonably practical to carry out that professional consultation. And so what about the person's home being a place of safety? Well, that is certainly very much an option in that both sections 135 and 136 enable removal or following the P C A. Keeping someone at any other suitable place the occupier off, which is willing temporarily to receive the patients on by adding section 1351 A into the mh a the PC a attempts to regularize this in that when considering this type of place of safety, Ah, house flutter room where a person is living may not be regarded as a suitable place unless the person believed to be suffering from a mental disorder is the soul occupier. Off that place on do they agreed to use off. That place is a place of safety where the person in question is not the sole occupiers. Then at least one of the other occupiers have to agree on. If the person in question is not an occupier off that place, then at least one of the people who do actually occupy the place have to agree to the use off that place. Andi, in addition to all of that, assuming that there is the relevant agreement which has Bean sought from the occupies off the premises, then the police officer exercising their powers, also has to agree that it can be used as a place of safety. That means consent from the occupiers, Anthee, Police officer. Although of course remember, it's not going to always be appropriate for someone to be left or taken to their own home. So what guidance is there in relation to places of safety? Well, at the current time, we're waiting for further regulations. However, as the Department of Health Code of Practice in relation to the Mental Health Act, point tamped, there needs to be a robust and efficient local partnership. Arrangements in place to deal with people experiencing mental health. Crises on these partnerships should include local authorities and HS commissioners, hospitals, police forces on ambulance services. The aim is to very much ensure that people experiencing mental health crises received the right medical care from the most appropriate health agencies are soon as is possible, and it therefore follows that this should include a jointly agreed local policy governing all aspects of the use of Sections 135 and Section 136 to include roles and responsibilities to those who are best placed to discharge. HM necessary training, regular meetings and review to discuss the effectiveness off the policy on the partnership and practical details such as a clear list of identified places of safety on, of course, issues like Who's going to transport the person to that location? And that concludes this session from Data Law. Thank you so much for joining me, Steph Barber on the session.