Mental Health Act 1983: Implementing Changes for Crisis Care

1. 2016 Crisis Care Concordat Summit25 October 2016 Implementing changes to sections 135 and 136 Mental Health Act 1983

2. 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!)

3. 24 November 2015

4. Progress in the past year?Overall… • February 2016 – Bill introduced (House of Commons) • Impact Assessment, ECHR, delegated powers • JCHR (issue of representation at PoS) • 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!

5. Progress in the past yearWhat’s the same? • Removing police stations as place of safety for under 18s • Police stations to only be used for adults in specific circumstances (set by regulations) • Broadening definition of place of safety – “any suitable place” • Enabling S136 anywhere other than private dwelling • Reducing maximum s135/136 detention time from 72 to 24 hours • Requiring police, where practicable, to consult health professional before using s136 • Clarifying that S135 assessment can take place at the private address (named on the warrant)

6. Progress in the past yearWhat’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 s136 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)

7. 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!

8. 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

9. Other implementation issues • Additional pressure on acute beds (resulting from shorter detention period) • Establishing appropriate APoS • Standard approach to choosing appropriate PoS • Police support at HBPoS • Using appropriate search powers • Using police stations – partnership protocols and ‘post incident review’

10. Five issues for discussion today • Impact of removing police stations as places of safety for under 18s • 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 S135/S136 from 72 hours to 24 hours • The requirement for the police to consult a suitable health professional prior to detaining a person under S136 provided, if practicable – making it work • The representation, information and other support that should be provided to people detained under S135/S136 and taken to a place of safety

11. 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.Thorpe2@met.police.ukM: 07525 410 341