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People sectioned with mental illness as police fear criminal repercussions: study

An expert claims the police are sectioning people with mental health illnesses out of fear of 'criminal consequences' if they commit suicide.

A study by former police officer Dr Allyn Thomas found over 20 years the number of people detained under section 136 of the mental act has increased ten-fold.

The researcher at the University of Kent believes the police power is being used increasingly to avoid people dying in police contact rather than its orginal purpose to protect the public from those "furiously mad".

Police 'fear the consequences' of dealing with mental health patients
Police 'fear the consequences' of dealing with mental health patients

Dr Thomas said: "People nearly always used to be violent, abusive, aggressive or disturbing in their behaviour before they were detained.

"This is consistent with the origins of Section 136 which go back to the 18th Century and beyond and was concerned with protecting the public from people who were “furiously mad”.

"Now, the great majority of people are detained for threatening self-harm and the previous behaviours are relatively rare."

Dr Thomas argues one reason for this change is the reduction of services provided by the NHS and increased demand from patients.

He added: "However, the police are also partly responsible.

"Very serious disciplinary or criminal consequences will arise if someone whom the police have any dealings with dies. This is known as a 'death in police contact'.

"So fearful are officers of such an outcome that irrespective of how credible a threat is, they have to take action – a detention under Section 136.

"This enables people in crisis to use the police to access assessment, which they might otherwise find difficult."

Adrian Harper, chief executive of the OPPC (Office of the police and crime commissioner) insists the police are not "overusing" this power but officers often have "very little choice".

He added changes in the law last year means children are no longer detained in police custody and adults are only kept under "extreme circumstances".

According to the PCC's annual report there was only one death in custody and two serious injury incidents in 2017/18.

People are being committed under the Mental Health Act to avoid consequences for police: study
People are being committed under the Mental Health Act to avoid consequences for police: study

Kent police and crime commissioner Matthew Scott wrote that changes to the law has affected the amount of vulnerable people dying in police custody alongside "improved training, guidance and practices in a number of areas, but most significantly in suicide prevention".

Kent Police’s Detective Chief Superintendent Rachel Curtis said: "Kent Police is committed to ensuring that people who are detained under Section 136 of the Mental Health Act receive the appropriate care and support they need.

"Due to the very nature of policing and ease of access via 999 or 101 it invariably means that police often become the first point of contact for people experiencing mental health issues rather than the last.

"In all instances, when practicable, officers will use a dedicated telephone number to contact a mental health professional before a person is detained.

"A decision to detain someone will only be made when officers believe a person is experiencing a mental health crisis and not for any other reason" - Det Chief Supt Rachel Curtis

"A decision to detain someone will only be made when officers believe a person is experiencing a mental health crisis and not for any other reason."

However Det Ch Supt Curtis added while officers receive training "they are not medical experts" so the force works with partners to ensure health professionals access those suffering.

Patricia Davies, senior responsible officer for NHS mental health services in Kent and Medway, said: “Further improving services for people in mental health crisis is a key priority we share with the Police and Crime Commissioner, and we are actively working with the police, the local authorities, and other partners to ensure the right support is there for people.

“We have put in place crisis care in A&Es, street triage, crisis cafes, and voluntary sector support co-ordinated by Live Well Kent and are working closely on suicide prevention, alongside Kent County Council’s ‘Release the Pressure’ campaign.

“We also run a county-wide triage service that brings together the expertise of mental health professionals, police officers and ambulance services to support people with mental health needs in contact with emergency services, and we are reviewing and evaluating the effectiveness of two additional street triage pilot services which ran during 2017-18 in higher areas of need in the county.”

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