Home Office circular 007 / 2008

Police stations as places of safety

Dear Chief Officer,

Place of safety: enabling transfer of a person from one place of safety to another before an assessment has been carried out.  

1. It is widely recognised that a police station is not a suitable place of safety for detaining persons under section 136 of the Mental Health Act 1983, save for exceptional circumstances involving the risk or threat of serious harm posed by the person to themselves or those tasked with looking after their healthcare needs.

2. This position is recognised by two legislative changes:

• section 44 of the Mental Health Act 2007 commences with effect from 30 April 2008 and allows the transfer from one place of safety to another before assessment has been carried (The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions)  Order 2008 S.I 2008/800 http://www.opsi.gov.uk/si/si2008/uksi_20080800_en_1 (new window))

• proposed revision of the Mental Health Act 1983 Code of Practice (new window). The code provides guidance to those with responsibilities under the 1983 act on how they should proceed when undertaking duties under the Act. The draft code was issued for consultation in October 2007 and has been revised in the light of that process. The revised code is due for publication shortly with a proposed implementation date of the Autumn 2008. Details will be circulated separately when the draft code is published

3. The contents of this circular bring these important changes to the attention of both police and healthcare professionals. The changes highlight the need for appropriate working arrangements to be in place which minimise the need for ‘section 136 detainees’ to be taken to a police station and instead to be taken to an appropriate healthcare facility to have access to and receive the appropriate level of care.

4. The contents of this Circular have been agreed by the Department of Health and NHS Wales, and it is being issued together with a joint letter addressed to the Chief Executives of Primary Care Trusts and Mental Health Trusts; Directors of Social Services and the Health Commission, Wales.

Alan Brown
Head of Police Powers and Procedures
Police Powers and Protection Unit
Home Office

1. Transfer of a person from one place of safety to another before an assessment

1.1   Under sections 135 and 136 of the Mental Health Act 1983 (the 1983 Act) a police officer may remove a person who is believed or appears to be suffering from a mental disorder to a place of safety. Places which may be regarded as a place of safety include part III accommodation, an NHS hospital, an independent hospital or care home for mentally disordered persons, a police station or any other suitable place whose occupier is willing to receive the patient temporarily.

1.2   Section 44 of the Mental Health Act 2007 commences with effect from 30 April 2008 (SI 2008/ 800). The section provides:

44 Places of safety

(1) The 1983 Act is amended as follows

(2) In section 135 (warrant to search for and remove patients), after subsection (3) insert—

(3A) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (3) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

(3B) A person taken to a place of safety under subsection (3A) above may be detained there for a period ending no later than the end of the period of 72 hours mentioned in subsection (3) above.

(3) In section 136 (mentally disordered persons found in public places), after subsection (2) insert—

(3) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

(4) A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of the period of 72 hours mentioned in that subsection.

1.3 The aim of this provision is to deal with the problem that, under the 1983 Act, once a person has been admitted to a police cell as a place of safety, there was no power to move them to a more suitable clinical location, even for purposes of assessing their mental health treatment needs. This change should give the police, the NHS and social services greater flexibility when making arrangements for the detention of a person at a place of safety and when drawing up protocols and agreements for the handling of such detainees.

1.4 It is important to ensure that a clear and robust local policy is in place for the effective and efficient multi-agency handling of persons who need to be detained at a place of safety.  Without such a policy, agencies are unlikely to be able to deliver place of safety services to an acceptable good practice standard.  Good practice advice is set out in detail in Home Office Circular 17/2004 and should include:

• the local social services authority, hospitals, NHS commissioners, police forces and ambulance services  ensuring that they have a clear and jointly agreed policy for use of the powers under s135 and s136, as well as the operation of agreed places of safety within their localities

• all professionals involved in its implementation understanding the power and its purpose, the roles and responsibilities of other people involved, and following the local policy

• those professionals receiving the necessary training to do so 

• providing prompt assessment and, where appropriate, admission to hospital for further assessment and/or treatment

2. Place of safety

2.1 The process for identification of the most appropriate place of safety to which a particular patient is removed should be clearly outlined in the local policy.

2.2 Every effort should be made to ensure that a police station is used only on an exceptional basis in cases, for example, where the person’s behaviour would pose an unmanageably high risk to other patients, staff or users of a health care setting. It is preferable for a person thought to be suffering from mental disorder to be detained in a hospital, or other health care setting, where mental health services are provided (subject, of course, to any urgent physical health care needs they may have).  

2.3 A police station should not be assumed the automatic second choice if the first choice place of safety is not immediately available. Other available options, e.g. a residential care home or the home of a relative or friend of the person who is willing to accept them temporarily, should also be considered.  If a police station must be used, health and social care agencies should work with the police in supporting the care and welfare of the person while in police custody and assist in arranging, where appropriate, the transfer of the patient to a more suitable place of safety.

2.4 In identifying the most appropriate place of safety for an individual, consideration should be given to the impact that the proposed place of safety (and the journey to it) may have on the person held and the examination and interview. It should always be borne in mind that the use of a police station can give the impression that the person detained is viewed as a criminal. This will cause distress and anxiety to the person concerned and is likely to affect their co-operation with, and therefore the effectiveness of, the assessment process.       

2.5 Where the police remove an individual to a place of safety it is recommended that:

• where the place of safety will be a hospital, immediate contact is made with both the hospital and the local social services Authority (LSSA) (or the people arranging Approved Mental Health Professional (AMHA) services on its behalf) by the police, and this should take place prior to arrival at the place of safety. This will allow arrangements to be made for the patient to be interviewed and examined as soon as possible. Where a warrant has been issued under section 135, these arrangements should, wherever possible, have been made in advance 

• where a police station is to be used as the place of safety, contact should be quickly made with the LSSA (or its AMHP service) and an appropriate doctor. This will enable the examination and interview to be commenced as quickly as possible to ensure that the person spends no longer than necessary in police custody before being released or taken  to hospital. Early assessment will also allow consideration to be given to the possibility of a transfer to an alternative place of safety as soon as this is considered to be safe and appropriate in all of the circumstances

2.6 This information will be included in the revised Mental Health Code of Practice due for publication shortly and for anticipated implementation in Autumn 2008.

3. Monitoring arrangements

3.1 With the co-operation of the National Custody Forum and the Chairs of the Regional Custody Network we will look to provide half-yearly progress reports on implementation of these new arrangements.

3.2 If you experience particular problems or require any assistance or clarification on the impact of this change, please inform the contact points on the from page of this Circular.

4. Other links

DH Guidance on section 136 - http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_084351 (new window)

Consultation on Mental Health Code of Practice - http://www.dh.gov.uk/en/Consultations/Closedconsultations/DH_079842 (new window)

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