Mental Health Act 1983 (Sections 135 and 136)

Jeremy Hunt Excerpts

Thursday 27th March 2014 Written Statements

[The Secretary of State for Health (Mr Jeremy Hunt)]

I am announcing the details of the joint review between the Department of Health and the Home Office of the operation of sections 135 and 136 of the Mental Health Act 1983. These provisions are aimed at giving support to a person experiencing a mental health crisis, by giving the police powers to temporarily remove people who appear to be suffering from a mental disorder, who need urgent care, to a “place of safety”, so that a mental health assessment can be carried out and appropriate arrangements made.

The review will consider whether the primary legislation supports our overarching objective for all public services to respond to the needs of people experiencing mental health crises at the right time, and improving the outcomes for people experiencing mental health crises when they come into contact with the police. The review formally starts today and a briefing paper setting out the aims and time scales has been placed in the Library. Copies are available to hon. Members from the Vote Office, and to noble Lords from the Printed Paper Office.

Work on this issue was initiated by the Home Office, since when the Home Secretary and I; the Minister with responsibility for care and support, my hon. Friend the Member for North Norfolk (Norman Lamb) and the Minister for Policing, Criminal Justice and Victims have been working together to find the right way forward. We know there is a lot of interest about the way that sections 135 and 136 of the Act operate in practice, and the impacts both on the person detained, and on the use of police and health services’ time and resources. In particular, police officers can be called upon to make decisions on how to help someone experiencing a mental health crisis, when they may not be the best people to do so. We want to look at the evidence and to make sure that this part of the legislation is fit for purpose, clear, and workable.

The review will bring together evidence and cover a range of options, which may include leaving the legislation as it is and making changes to the associated codes of practice, or proposing amendments to the legislation. We will be engaging widely on developing the options with practitioners as well as those affected by the legislation. We will also seek the views of interested hon. Members, including the all-party parliamentary group who recently led a debate on the matter. I welcome the current Home Affairs Select Committee inquiry into policing and mental health, which will explore the relevant evidence.