The Local use of Section 136

Abstract

Recent attention has been focused on divergent practices in the implementation of Section 136,' problems in its practice encountered by the police,2 and possible means of improv ing the service and reducing unnecessary detention.3 In these studies, doubts have been raised about the justness of the section, both in principle and in practice, and about the efficiencyand efficacy of its implementation. In the context of the closure of the large psychiatric institutions it seems probable that these issues will become increasingly acute. The purpose of our brief study was therefore to investigate the trends of admissions to Friern Hospital, not only of patients under Section 136,but of all patients accompanied by the police.It might be expected that the run-down of Friern Hospital would be accompanied by a significant rise in the number of disturbances dictating a section 136, since the pool of mentally unwell within its catchment districts (Camden, Bloomsbury, Islington and Haringey) will presumably have increased. To determine the number of section 136 admissions over the 16 year time period (1970)(1971)(1972)(1973)(1974)(1975)(1976)(1977)(1978)(1979)(1980)(1981)(1982)(1983)(1984)(1985)(1986)) the hospitals admission records were examined but due to the sizeof the task and the relative inaccessibility of old records, a sample of only 11years was taken

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

“…3 Where the hospital is used as a place of safety, the hospital managers must ensure that the provisions of section 132 (giving information) are complied with, 3 and so patients should be provided with "Rights leaflet" number 5. 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.…”

Section 136 Use in the London Borough of Haringey

“…If the admission rate truly reflects marked mental disorder then the high admission rate (82%) indicates that detention under Section 136 by the police is appropriate. Weller at al. (1988) studied Section 136 detentions to the now closed Friern Barnet Hospital, whose psychiatric catchment area covered amongst others the Haringey area, and thought that the police tended to diagnose appropriately.…”

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

“…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. Others have shown high rates of schizophrenia, social dysfunction (including lack of a settled abode) and personality disorder (Szmuckler et al 1981).…”