Royal Society of Health – Implementing Sections 135 and 136 of the Mental Health Act

Wallis, Geoffrey

doi:10.1192/pb.13.3.144

Cited by 4 publications

(7 citation statements)

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“…7 However, many police forces throughout the country do not have any official forms or standard procedures for recording section 136 detentions. 9 The current nationwide absence of a recording system for police use of section 136 has caused confusion about the extent to which it is currently used. 7 Both the A&E staff and the police had very poor knowledge of the patient's rights.…”

Section: Discussionmentioning

confidence: 99%

“…25 It is debatable whether section 136 provides authority to transfer from one place of safety to another, 26 as this is not directly covered in the act. The general opinion of the Royal Society of Health is that transferring from one place of safety to another is legal provided that no assessment has started, 9 but others disagree with this. 25 The majority of A&E staff felt that the police must stay with the patient until appropriate assessment takes place, thus agreeing with the opinion of others.…”

Section: Discussionmentioning

confidence: 99%

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Section 136, The Mental Health Act 1983; levels of knowledge among accident and emergency doctors, senior nurses, and police constables

Lynch

Simpson²,

Higson³

et al. 2002

Emergency Medicine Journal

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Objectives: Section 136 of the Mental Health Act 1983 empowers the police to detain those suspected of being mentally ill in public places, and convey them to a place of safety. In practice, accident and emergency (A&E) departments are often used. The authors assessed levels of knowledge of section 136 between A&E doctors, senior nurses, and police constables. Methods: Doctors and senior nurses in all (A&E) departments in the Yorkshire region were asked to complete a multiple choice tick box type questionnaire, as were police constables from the Humberside Police Force. Results: 179 completed questionnaires were returned, of which 16 were completed by consultants, 14 by SpRs, 24 by SHOs, 33 by senior nurses, and 92 by police officers. Some 24.1% of A&E staff and 10.9% of police failed to recognise that a person has to appear to be suffering from a mental disorder to be placed on a section 136; 40.2% of police did not know that section 136 is a police power; 55.2% of A&E staff and 14.1% of police incorrectly thought that a person could be placed on a section 136 in their own home; 43.75% of consultants and 50% of SpRs did not consider A&E departments to be a place of safety; 49.4% of A&E staff and 29.3% of police thought that patients could be transferred on a section 136. Only 10.3% of A&E staff and 22.8% of police had received any formal training. Conclusions: The knowledge among A&E staff and the police of this difficult and complex piece of mental health legislation is poor and requires action through formal education and training. This study not only reflects the levels of knowledge within the groups, it may also reflect the different perceptions of each group as to their role and duties within section 136 of the Mental Health Act 1983.

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Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

Section 136, The Mental Health Act 1983; levels of knowledge among accident and emergency doctors, senior nurses, and police constables

Lynch

Simpson²,

Higson³

et al. 2002

Emergency Medicine Journal

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“…Indeed, the very nature of the Section 136 system may promote such uncertainties. A recent Conference Report (Wallis, 1989) confirmed that the 'number of Section 136 referrals throughout the country was unknown', although there are the DHSS records of admissions, which indicated that (in 1984) 90% of these occurred in London. The same report refers to a subsequent comment by a professor of forensic psychiatry that much greater use was made, outside London, of Section 136 referrals than was generally recognized, such usage not being recorded unless admission resulted.…”

Section: Datamentioning

confidence: 99%

“…A recent MIND Report (Rogers & Faulkner, 1987) highlighted these concerns, pointing out that in 1984 some 90% of Section 136 admissions occurred in the four Thames health regions, that there was over-representation of Afro-Caribbeans in the patient group, and that social deprivation was a characteristic feature. Police views have also been outlined Wallis, 1989), and it has been admitted that they 'bent the rules of Section 136 to cut corners' (Guardian, 1989). However, a brief study of Section 136 admissions to Friern Hospital in North London (Weller et al 1988), showed a significant decrease between 1970 and 1987.…”

Section: Introductionmentioning

confidence: 99%

“…Our aims were threefold. We wished to ascertain the true figures behind an often poorly documented event, made ambiguous by variable procedures, local emergencies and the uncertainty as to deciding between a 'police referral' and a definite Section 136 (MacMillan & Johnson, 1987;Rassaby& Rogers, 1987;Wallis, 1989). By describing the process, we wished to establish a clear psychiatric and social profile of such patients, with particular emphasis on the prevalence of Afro-Caribbeans, given recent reports of increased rates of schizophrenia in that ethnic group (Dean et al 1981;Harrison et al 1989).…”

Section: Introductionmentioning

confidence: 99%

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‘Mentally disordered persons found in public places’ Diagnostic and social aspects of police referrals (Section 136)

1992

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SynopsisA survey over 2 years of all Police Referrals (Section 136 of the Mental Health Act 1983) in an inner-city health district identified 163 cases, with a core group of repeat referrals. Previous psychiatric admissions, a diagnosis of schizophrenia, social deprivation, and a bias towards young men of Afro-Caribbean ethnicity were key features. The difficulty of obtaining clear data and uncertainties within the law rebound unfairly on patients, police and psychiatrists. Section 136, while not inappropriate diagnostically, can be seen as highlighting unmet social and medical needs in the context of community care. The requirement for coordinated resources, including acute in-patient services sufficient for deprived populations and legal provision for treatment beyond a hospital's boundaries, seems paramount.

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A Place of Safety: The Difficulties Faced by the Police When Using Section 136 of the Mental Health Act 1983

Costen¹,

Milne²

1999

International Journal of Police Science & Management

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In England and Wales, s. 136 of the Mental Health Act 1983 empowers a police officer to remove from a public place, and take to a place of safety for up to 12 hours, for assessment by a doctor and a social worker, anyone he/she considers to be mentally disordered and in need of immediate care. This power is the subject of considerable controversy and this paper examines the difficulties faced by the police when exercising that power: The difficulty in deciding whether somewhere is a public place; the problem of recognising mental disorder in the absence of any meaningful training; the use of a police station to manage a mentally disturbed detainee; the length of time allowed by the law for the two assessments to take place; and, finally, the apparent lack of support received from the other professionals involved in s. 136 detentions. Some suggestions for changes to the law which would improve the system for both the police and the s. 136 detainee are offered.

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Royal Society of Health – Implementing Sections 135 and 136 of the Mental Health Act

Cited by 4 publications

References 0 publications

Section 136, The Mental Health Act 1983; levels of knowledge among accident and emergency doctors, senior nurses, and police constables

Section 136, The Mental Health Act 1983; levels of knowledge among accident and emergency doctors, senior nurses, and police constables

‘Mentally disordered persons found in public places’ Diagnostic and social aspects of police referrals (Section 136)

A Place of Safety: The Difficulties Faced by the Police When Using Section 136 of the Mental Health Act 1983

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