2016 Crisis Care Concordat Summit 25 October 2016 Implementing changes to sections 135 and 136 Mental Health Act 1983 1
Aims • Recap position at 2015 Summit • Update on changes to the Bill + issues raised in parliament • Discuss key issues for implementation (not change the Bill!) 2
24 November 2015 3
Progress in the past year? Overall… • February 2016 – Bill introduced (House of Commons) o Impact Assessment, ECHR, delegated powers o JCHR (issue of representation at Po. S) • July – House of Lords first reading • August – Expert groups on regulations, guidance • October – Welsh Government clearance (LCM) Other Government engagement; - representations to Parliament, RCPsych, Sir Paul Beresford MP, Charles Walker MP, today! 4
Progress in the past year What’s the same? 1. Removing police stations as place of safety for under 18 s 2. Police stations to only be used for adults in specific circumstances (set by regulations) 3. Broadening definition of place of safety – “any suitable place” 4. Enabling S 136 anywhere other than private dwelling 5. Reducing maximum s 135/136 detention time from 72 to 24 hours 6. Requiring police, where practicable, to consult health professional before using s 136 7. Clarifying that S 135 assessment can take place at the private address (named on the warrant) 5
Progress in the past year What’s changed? • Circumstances when police stations can be used for adults to be set by regulations • Protective searches - new power • Power of entry to use s 136 in private places (other than dwellings) • Requirements for consent to use private premises as a place of safety • Limitations on extension of the maximum detention period (by 12 hours) 6
Next steps (indicative*) • ‘turn of the year’ – Royal Assent • February 2017 – Guidance • TBC – regulations • Enactment of the Bill (“Policing and Crime Act 2017”) * Subject to parliament! 7
Issues raised in parliament • Sufficient local capacity of places of safety (young people, out of hours) • Use of police stations as places of safety (for any people of any age) • Representation and support for detainees at places of safety • When the clock starts • Use of private homes as places of safety Also • Taser use (and reporting of) in mental health settings • Police training 8
Other implementation issues • Additional pressure on acute beds (resulting from shorter detention period) • Establishing appropriate APo. S • Standard approach to choosing appropriate Po. S • Police support at HBPo. S • Using appropriate search powers • Using police stations – partnership protocols and ‘post incident review’ 9
Five issues for discussion today • Impact of removing police stations as places of safety for under 18 s • The circumstances when police stations can be used as a place of safety for adults – what the regulations should say and how it will work on the ground • Implications of reducing the maximum detention for S 135/S 136 from 72 hours to 24 hours • The requirement for the police to consult a suitable health professional prior to detaining a person under S 136 provided, if practicable – making it work • The representation, information and other support that should be provided to people detained under S 135/S 136 and taken to a place of safety 10
Contact Chris Witt Health and Policing Safeguarding Directorate christopher. witt@homeoffice. gsi. gov. uk T: 0207 035 0532 M: 07792 421174 Chief Inspector Dan Thorpe Metropolitan Police Capability & Support Mental Health Team and Community MARAC Lead Daniel. Thorpe 2@met. police. u k M: 07525 410 341 11
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