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Mental Health and Policing

Mental Health is a factor in many of the most serious cases of police misconduct investigated by the IPCC. Our predecessors, the Police Complaints Authority (PCA), found that about 50% of deaths in police custody are of people with some form of mental health problem. PCA 5 year death study: 1998-2003

The IPCC is working to draw out lessons around mental health and policing from its cases and to influence policy and practice based on that evidence. A particular area of concern identified is the one of police cells as places of safety under the Mental Health Act.

What is a place of safety?

Under the Mental Health Act, someone in a public place who is deemed to be in “immediate need of care or control” can be taken to a designated ‘place of safety’. These include hospitals or nursing homes for people with mental health needs. A person can be detained for up to 72 hours, while they are assessed and arrangements for any necessary care are made.

Police Cells can also be used as a place of safety. The Code of Practice on the Mental Health Act states this is not preferable.

What is the problem with using police cells?

There is widespread agreement that police cells are not an appropriate place to carry out a mental health assessment:

• Being in a cell can worsen some individual’s mental distress
• Police custody suites may not have adequate health facilities to support an individual with mental health problems for long periods.

What is the IPCC doing?

In order to find out exactly what is happening around the country the IPCC is conducting research into the use of cells under section 136. We have also been raising some of the problems we have seen in our cases. For example cells being used as places of safety because of limited Health Service resources.

For more information read our submission to the Joint Parliamentary Committee looking at the new draft mental health bill.