Bill to ban police cell mental health detention
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Police will no longer be able to hold people detained for mental health reasons in police cells under government plans in England and Wales.
Authorities can currently use the cells as “places of safety” for up to 24 hours so that people needing urgent care can be assessed by a doctor.
In an effort to modernize decades-old mental health laws, the new law will also introduce additional rights for those receiving treatment.
Charities have widely welcomed the changes, highlighting the need for better funding for mental health.
Health Secretary Wes Streeting said the change was needed to bring the “outdated” system “in line with the 21st century”.
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People can be detained – or separated – under the Mental Health Act for their own safety, or for the safety of others.
A complete ban on the use of police cells during detention was first proposed in draft legislation published under Boris Johnson’s government, following a comprehensive review of mental health laws published in 2018.
Although that draft law was extensively scrutinized by lawmakers, it was not introduced into Parliament in time for the July election.
Under current law, people who police believe are suffering from a mental disorder and are “in need of immediate care or control” can be detained so they can be examined for possible treatment.
Last year there were 34,685 people detained in these circumstances, the majority of which were in health settings such as hospital A&E departments.
About 314 detainees – around 1% – were in police cells, a proportion that fell from around 4% in 2017, when restrictions on their use were tightened.
People detained in police cells can usually only be held for 24 hours and must be evaluated by a social worker and doctor during that time.
A cross-party committee of MPs examining previous proposals welcomed the ban on their use, but called for the change as well as an increase in appropriate places to detain people in health care settings.
detention limit
Labor promised to reform mental health legislation in its election manifesto – describing existing laws drafted in the 1980s as “grossly outdated”.
It argued that the existing system discriminates against black people – who are more likely to be detainedAccording to official figures – and also criticized how the system treats autistic people and those with learning disabilities.
Its new mental health bill, to be published on Wednesday, will introduce a 28-day limit on how long autistic people and those with learning disabilities can be detained, as long as they have a co-occurring mental health condition. No health condition.
It would also give people enhanced rights to select a person to represent their interests, and impose additional requirements on physicians to consult with people close to patients about their care.
The rules on community treatment orders, which impose certain monitoring conditions on detained people when they are released from hospital, are also expected to change.
The Health Department said their use would be made more “proportional”, although it did not provide details.