Practitioners express ‘grave concerns’ with plans to extend powers of detention

Eight organisations representing mental health and medical practitioners have expressed grave concerns that plans to extend police powers of detention could risk ‘dangerous consequences’.

Recent amendments to the Mental Health Bill in England and Wales, passed by the House of Lords, would transfer powers previously reserved only for police (under s135 and s136 of the Bill) onto health professionals to detain and restrain people in crisis, in public spaces or at home.

The organisations, which include the British Association of Social Workers (BASW), ADASS and the AMHP Leads Network, say that police play a crucial role in carrying out many tasks that medical practitioners cannot perform, such as assessing whether a home is safe to enter. Reducing police involvement in mental health emergencies could lead to serious risks for both patients and clinicians.

“The explanatory statement accompanying the relevant amendments states that ‘the proposed amendments would remove the need for the presence of police at mental health incidents in the absence of any risk.’ This is misleading as instances of detentions under the Mental Health Act where there is no risk are almost non-existent. It also negates the fact that the mere presence of uniformed officers can ensure that an otherwise risky situation remains contained and safe,” the statement read.

Additionally, transferring police powers to healthcare professionals risks damaging their therapeutic relationships with patients. This would have the double-effect of hindering clinicians’ ability to provide care, as well as deterring individuals from seeking help from services where they might be forcibly detained.

The proposed amendments have not been tested with health professionals or discussed with patients. They risk increasing the use of restrictive practices and limiting individuals' autonomy in deciding how they are cared for, contradicting the purpose of the reforms.

Ahead of the Bill undergoing public scrutiny in the House of Commons in the coming weeks, the co-signatories are calling on MPs and the UK Government to consider the potential negative implications of the proposals and ensure the needs of vulnerable people remain a top priority.

“We are keen to work with Police and Government to find ways to improve responses to mental health crises to ensure the safety of all professionals involved, patients and the community. The amendments as written provide neither safety nor improved outcomes in our view, but we remain committed to working jointly to achieve both aims.”

Commenting on the statement, Dr Lade Smith CBE, President of the Royal College of Psychiatrists, said she was surprised the amendment had been introduced.

“Having worked on the 2018 Wessely Review, which made recommendations based on the principles of choice and autonomy; least restriction; therapeutic benefit; and the person as an individual, I believe that delegating police powers to health professionals would not be within the spirit of the proposed reforms to the Mental Health Act.

“It is well known that at times, people experiencing a mental health crisis cannot be safely reached and cared for without the assistance of the police. Delegating police powers without proper consultation or planning is likely to disproportionately affect those from minoritised backgrounds and would increase risk to patients and compromise the safety of others. It sets a dangerous precedent.

“Like mental health services, the police are facing significant workload pressures. It is simply logical and now vital that we work together to develop more effective ways of responding to mental health crises.”