Lawful steps to detain and remove a patient from public place to place of safety

Freedom of information request reference no: 01.FOI.23.029223

I note you seek access to the following information:

I need to request information on the legal process of:
What lawful steps to detaining and remove a patient from a public space to place of safety?
I am aware of section 136, but if a patient has been reported to you and is known to the mental health services, and you locate him in a car park, what are your legal obligations to detaining and removing him? E.g do you need to call someone first? Etc.”

Decision

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

Please find below information pursuant to your request above.

The law under the Mental Health Acts states that when considering using s136 (1) before deciding to remove a person to a place of safety, we must, if practicable, consult a health care professional.

In London we have the 0300 Pan London Mental Health Advice Line which routes the officer to their local Mental Health Trust for advice. Of course, there are cases where it is not practicable - such as someone running in and out of cars or sitting on a bridge.

This is the only situation in which we can remove a person from a public place - by using s136.

We can enter into dialogue with the person and they can go voluntarily to hospital but this is the person’s choice. We always use the least restrictive option, and so using s136 is always a last resort.

We are currently driving alternative pathways of helping mentally unwell people. We are working with NHSE and are training officers in using alternative options in keeping mentally unwell people safe. This includes options such as taking them to crisis cafes or returning them to a family member, carer or friend.

Other information on policing and Mental Health can be found here:
Mental health | College of Policing