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In a significant shift in mental health policy, authorities in England and Wales will no longer allow the detention of individuals experiencing mental health crises in police cells. This decision comes as part of forthcoming government legislation aimed at modernizing the approach to mental health laws, which have been criticized for being outdated.
Currently, police cells may be used as a “place of safety” for individuals deemed to be in immediate need of care, allowing them to be assessed by medical professionals for up to 24 hours. However, the new legislative changes will prohibit this practice entirely, reflecting a broader recognition of the need for compassionate and appropriate mental health care.
Health Secretary Wes Streeting emphasized that the existing framework is “outdated” and requires reform to be more aligned with contemporary standards in mental health care. The intention is not only to ensure the humane treatment of those in crisis but also to address systemic issues that contribute to the challenges faced by individuals with mental health conditions.
Under the Mental Health Act, individuals can be “sectioned” for their own safety or that of others, but there has been growing concern regarding the appropriateness of police cells as a temporary solution. A review of mental health legislation initiated in 2018 led to proposals to ban the use of police cells for detentions, a measure that has received broad support from advocacy groups, while calling attention to the need for increased funding for mental health services.
According to recent data, over 34,000 people were detained under these provisions last year, with the vast majority being taken to healthcare facilities. Notably, only a small fraction—approximately 314 individuals—were held in police cells, reflecting a gradual reduction in reliance on this practice due to heightened restrictions. Those placed in police custody for mental health evaluations are limited to a maximum stay of 24 hours and must be evaluated by both social workers and doctors within that timeframe.
Reforming Detention Practices
Labour has pledged to revise mental health legislation, labeling the current laws as “woefully out of date.” The proposed reforms aim to address discriminatory practices, particularly towards Black individuals, who are statistically more likely to be detained under existing laws. The upcoming Mental Health Bill will introduce a 28-day cap on detentions for autistic individuals and those with learning disabilities unless they present with a concurrent mental health issue.
This forthcoming legislation will also enhance the rights of individuals to choose a representative to advocate on their behalf during treatment processes. Additionally, it seeks to ensure that healthcare providers involve family members or friends in discussions regarding patient care, emphasizing more collaborative approaches in treatment.
Changes are also anticipated regarding community treatment orders, with officials hinting at a shift toward a more balanced application of monitoring conditions for discharged patients.
A Promising Direction
The new bill mirrors prior proposals, including raising the thresholds for detaining individuals and necessitating a realistic expectation of therapeutic benefit from suggested treatments. One notable difference is the proposed right for patients to document their treatment preferences in the event of future incapacity, a provision the previous administration had declined to prioritize.
While Labour has indicated that fully implementing these changes may take years due to necessary staffing increases, mental health advocates have expressed optimism. The National Autistic Society has welcomed the bill as an opportunity to rectify what they describe as a “human rights scandal” surrounding inappropriate detentions.
Furthermore, the charity Mind has asserted that this legislation represents a step towards a more progressive mental health system but cautioned that adequate funding is crucial to address the ongoing mental health crisis in the region.
Source
www.bbc.com