Detention of children in police custody under S136 of the Mental health Act 1983 from January 2017 to May 2022

Freedom of information request reference no: 01.FOI.22.024594

I note you seek access to the following information:

The number of children detained in police custody under section 136 of the Mental health Act 1983 from 2017-2022.

Please can I have this figure broken down by annual year. e.g. can you provide a figure for 2017, 2018, 2019, 2020, 2021 and 2022 (up until the date of receipt).

If you have the data, can you provide the average length of stay (in hours) of the children detained under section 136 in police custody for each annual year. e.g. 2017- average length of stay 3hours 2018- average length of stay 2hours.

If you have the data, can you provide the average age of the children in custody for each annual year. e.g. 2017 - average age 16 years old.

I would like to clarify that when I say 'detained in police custody', I mean when the subject has been taken to an actual police custody facility.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - The number of children detained in police custody under section 136 of the Mental health Act 1983 from 2017-2022.

Q2 - Please can I have this figure broken down by annual year. e.g. can you provide a figure for 2017, 2018, 2019, 2020, 2021 and 2022 (up until the date of receipt).

Q4 - If you have the data, can you provide the average age of the children in custody for each annual year. e.g. 2017 - average age 16 years old.

Please see the attached Excel spreadsheet titled re Q’s 1, 2 & 4:

Q3 - If you have the data, can you provide the average length of stay (in hours) of the children detained under section 136 in police custody for each annual year. e.g. 2017- average length of stay 3hours 2018- average length of stay 2hours.

No information held by the MPS to answer this question.

In relation to Mental Health provisions, the MPS are fully committed to the College of Policing APP, “Under 18 years should not be detained in a police station as a Place of Safety, in any circumstances.”….. “Children must not be taken to a police station as a place of safety under the Mental Health Act 1983, regardless of whether the child has been detained under s 135 or s 136.”

If officers believe S136 applies in a public place, they are taken to a Health Based Place of Safety and not a police custody facility. If however the child is already in custody for an offence and their health deteriorates to such as position that they are in mental health crisis, an initial medial assessment will take place and if S136 applies, immediate efforts are made to move the child to a Health Based Place of Safety within the NHS.

We recognise police custody can be a daunting and intimidating experience for children, custody suites are designed to provide a safe and secure environment for detainees and our suites are regularly inspected by Her Majesty's Inspectorates of Constabularies and Prisons.

Additional safeguards for children in custody include notifying their parent/guardian, providing appropriate adults to give extra support and more frequent welfare checks.

Custody staff have received training in identifying and acting on vulnerabilities. It is not unlawful to detain a child overnight.

It may be necessary to detain a child (between 10-17yrs) if there is an ongoing investigation that necessitates their detention, for example to take forensic samples, or to prevent evidence being lost or destroyed. Officers must however follow strict guidelines around their mental health.

If a child (or adult) is suspected of an offence and officers believes at the time of their arrest they are in a full mental health crisis they must be taken to a health based place of safety, for example a hospital or specialist mental health facility and not custody.

Sometimes the person may have mental health issues but not in full crisis at the point of arrest. In such cases officers are, with the appropriate support, able to deal with them inside a custody suite. If they deteriorate to such an extent and they become in crisis within the suite, officers will arrange for the LAS to take them to hospital, in the same way as somebody who received an injury or became unwell in the suite.

We are working with others to reduce the number of children detained in police custody overnight. This includes strengthening partnerships and processes with local authorities to identify appropriate alternative accommodation as quickly as possible.