Policy Watch – the rights of those with mental health problems in acute care

DOIhttps://doi.org/10.1108/MHSI-07-2013-0028
Published date25 November 2013
Date25 November 2013
Pages168-171
AuthorSophie Corlett
Subject MatterHealth & social care,Mental health,Social inclusion
Policy Watch – the rights of those with
mental health problems in acute care
Sophie Corlett
Sophie Corlett is a Director of
External Relations, based at
Mind, London, UK.
Abstract
Purpose – The Policy Watch series reflects on recent forthcoming developments in mental health policy
across the UK. The purpose of this paper is to consider the use of the Mental Health Act to detain people in
police custody and the use of physical restraint, and in particular face down restraint, in mental health
settings in England.
Design/methodology/approach – The paper reviews findings of recent reports into policing and mental
health and a Mind report on the use of restraint in mental health settings.
Findings – The paper suggests that people with mental health problems are being held in police custody
more often than they should be, and that this is partly due to the unavailability of good care at an earlier stage
for people approaching crisis. It also suggests that people are being physically restrained in inpatient
settings too often in some areas although face down restraint has been phased out altogether elsewhere.
These practices threaten human rights.
Originality/value – The paper discusses recent evidence from Her Majesty’s Inspectorate of Constabulary
and others, the Indepedent Commission on Mental Health and Policing and from Mind.
Keywords Police, Mental Health Act, Mental health policy, Mind, Physical restraint, Place of safety
Paper type Viewpoint
The first half of 2013 has seen some worrying revelations, coupled with some positive moves
from government, about the treatment of people in mental health crisis in England. Specifically,
a number of spotlights have been shone on the rights of those detained under the Mental Health
Act. Being involuntarily detained under the Mental Health Act is one of the most serious things
that can happen to someone in terms of their mental health – for this reason it should be done
with great care and in strict adherence with the procedures laid out in the Act.
It is clear, however, that in many cases people’s basic human rights are being infringed at a time
when they are likely to be at their most vulnerable. People who are “sectioned” are in
crisis. When you are in crisis, you need urgent care and compassion, to feel safe and to get the
support you need. All too often, however, this isn’t the case.
Places of safety
The police are often the first to come into contact with people in crisis and there is
a growing acceptance that mental health is core police business. According to an inspection by
Her Majesty’s Inspectorate of Constabulary of the Metropolitan Police Service (MPS) in London
in 2011-2012, on average 25 per cent of people taken into police custody in London are known
to have a mental health problem, are self-harming or are having suicidal thoughts (Independent
Commission on Mental Health and Policing Report; Metropolitan Police Service, 2013). Some of
these will have been suspected offenders, but others will have been people who came into
custody under Section 136 of the Mental Health Act.
PAGE 168
j
MENTAL HEALTH AND SOCIAL INCLUSION
j
VOL. 17 NO. 4 2013, pp. 168-171, CEmerald Group Publishing Limited, ISSN 2042-8308 DOI 10.1108/MHSI-07-2013-0028

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