Mental Health Flashcards
It is imperative that in a crisis situation you…
remain calm; communicate non-judgementally, focus on their thoughts, feelings and experiences; express empathy and understanding to build rapport; and never use guilt or threats to prevent suicide.
Being mentally unwell in a public place is not an offence in itself, however, if there is reason to believe the person is ‘in need of immediate care and control’, you have powers available under
Section 136 of the Mental Health Act 1983 to safeguard the wellbeing of the person and mitigate any risk they may pose to themselves or others by removing them to a place of safety.
What gives the power of entry in order to detain a person in a public place when they believe a person may be suffering from a mental disorder and in need of immediate care and control to protect that person and minimise the risk to the general public by removing them from that place and conveying them to a place of safety?
s136 of the Mental Health Act 1983.
S136 Powers
The length of time a person can be detained for has recently been amended and reduced from…
72 hours to 24 hours from the time they first arrive at the place of safety.
During this time, it is the responsibility of the specialist mental health clinician to assess the person’s needs and decide if they are well enough to be released or if they must be detained for further assessment (s2 of the mental health act) or treatment (s3 of the mental health act).
Pre s136 Consultation
Before detaining a person using s136, a constable must, if practicable to do so, consult with a
- registered medical practitioner,
- registered nurse,
- Approved Mental Health Professional (AMHP),
- Occupational Therapist,
- paramedic.
Code of Practice
When it comes to working with other professionals around mental ill health, there is a code of practice which was first published by the government in 2008 and was revised in 2015. ‘The revised code aims to provide stronger protection for patients and clarify roles, rights and responsibilities. This includes:
- involving the patient and, where appropriate, their families and carers in discussions about the patient’s care at every stage
- providing personalised care
- minimising the use of inappropriate blanket restrictions, restrictive interventions and the use of police cells as places of safety.’
Historically, many forces have used their own police cells in custody as a defined place of safety in which to detain someone.
However, this is no longer considered an appropriate course of action and the Police and Crime Act 2017 has amended the Mental Health Act 1983 to state that:
- no young person can be taken to a police cell under s136, and that
- adults should only be taken in exceptional circumstances.
If a person refuses to grant entry to the police, you have a couple of options:
- s17 of PACE, a police officer can force entry to the property without a warrant if they have reasonable grounds to believe that the entry is necessary to save life or limb or to prevent any serious damage to the property. There must thus be a serious risk of injury or damage and use of force must be proportionate and justifiable in the circumstances.
- Alternatively, the attending police officer can make contact with the local on call Approved Mental Health Professional (AMHP).
Where s17 cannot be used and an AMHP is called, the AMHP can attend and try to talk to the person and convince the person to have a voluntary assessment under the Mental Health Act.
If the negotiations are unsuccessful and there is reasonable cause to suspect that a person believed to be suffering from mental disorder is unable to care for himself/herself, is living alone, or has been (or is being) ill-treated, neglected, or kept otherwise than under proper control in any place within the jurisdiction of the justice, then…
…the AMHP can apply for a warrant to allow any constable to enter the premises.
What powers does a police officer have for search when responding to a person who is mentally unwell?
Under s136 (in a public place) and under a s135 warrant (in a private place) to search a person to remove anything that may pose a risk to themselves or to others.
This may include anything that could be used as a weapon, any medication or illicit drugs, and anything they may use to harm themselves such as a drawstring or a scarf.
If you detain a person under a s136 in a public place, it is your responsibility to…
…remain with the person until a full hand over has been given to a clinician in the place of safety.
The Mental Capacity Act applies to people over the age of 16 who are unable to make some, or all, of their decisions for themselves.
The legislation is designed to protect and safeguard people who are vulnerable and lack capacity and aims to reinstate people’s right to have control over their own lives. There are many conditions that may cause a person to lack capacity, including:
a stroke or brain injury, a mental health problem, a learning disability, dementia, confusion, drowsiness, or unconsciousness due to the illness or the treatment for it, substance misuse.
