Watchdogs have condemned as "intolerable" arrangements for dealing with people detained by the police because they may be mentally ill.

In the space of just one year, more than 11,500 people were held in police cells under the Mental Health Act, according to the Independent Police Complaints Commission (IPCC). Just under half that amount were taken to hospital in the same period, in spite of it being established Government policy that hospitals are the preferred place for medical and social assessment.

The IPCC wants to see new facilities set up for people believed to have a mental disorder in an attempt to ensure that fewer end up in police stations.

Ian Bynoe, IPCC commissioner, said: "Police custody is an unsuitable environment for someone with mental illness and may make their condition worse, particularly if they are not dealt with quickly, appropriately and don't receive the care they need.

"Someone whose distress or strange behaviour causes the police concern needs rapid medical and social assessment in a safe environment."

He added: "It is therefore intolerable that twice as many people are detained in police custody as in a more fitting hospital environment."

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Eve Piffaretti, Head of Morgan Cole's Health and Social Care team, comments:

The Mental Health Act 1983 ( "the Act") , as amended , gives the police power to remove to a "place of safety", where a person is reasonably believed to be suffering from a mental disorder , either from by warrant  from a private premises or by a Police Officer from a public place . The Mental Health 2007 Act amended the existing legislation to provide that a person who has been removed to one place of safety may be transferred to another within a 72 hour time limit. This provision came into force in April 2008 and enables a person to be transferred from a Police Station to Hospital without a fresh authority being obtained for detention. 

This recent information produced by the IPCC indicates that there has been a significant increase in the number of persons who appear to be mentally disordered, being detained by the Police under their powers in the Act.

Morgan Cole provides specialist advice on all aspect of Mental Health Law, including the changes that have been brought in by the Mental Health Act 2007. We are also providing training and advice on the implementation of the requirements of the Act in relation to Police powers and in relation to this and other areas. 

For further information please contact Eve Piffaretti.