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

Abstract

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.