Information on processing an arrested person considered to be mentally ill

Freedom of information request reference no: 01.FOI.24.041925

I note you seek access to the following information:

Please send me a copy of any and all of your policies that relate to the subject of assessment and processing of data of arrested persons who are considered to be mentally ill, at risk of this, or who are given or offered mental health assessments. Just the relevant section will do and I can ask for the full document/policy later, as long as it is clearly named. Also make sure it is dated and authored when sent to me.

Decision

I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.

The information disclosed has been taken from the Met Detention Custody Policy - Version 1.

Introduction (as present on page 1)

MET DETENTION POLICY

• This policy sets out the expectations for those working in custody to ensure a safe custody environment for our detainees. Custody is a challenging and complex area of policing which requires staff to adopt an empathetic approach to all decision making. Custody staff must have a total commitment to ensuring the needs of all individuals are met. This commitment extends to all but with a particular emphasis on the support, diversion and care for children, women and vulnerable adults in our custody suites.

• This policy should be read in conjunction with the Police and Criminal Evidence Act 1984 and all custody Authorised Professional Practice (APP). This document has been designed to assist MPS staff and officers reaching informed decisions regarding local policies and should not be used to challenge the laws set out in PACE or the guidance set by the College of Policing.
• Custody provides a critical role in supporting front line policing and the communities of London through local custody provision, developing and supporting the police officers in our suites and in building productive and collaborative relationships with front line policing and the wider MPS. Staff should create an environment that enables the collection of vital evidence in support of the wider criminal justice system which helps to support victims and survivors and deliver justice for all.
• This policy is split into four categories, Buildings, Detainees, Healthcare and Staffing. By the nature of custody business, subject areas overlap therefore each category should not be referred to in isolation.
  All instructions and guidance contained within this document apply to all Police Officers, police staff, building resource officers and volunteers.

Mental Health Section (as present on pages 38-39)

D5. MENTAL HEALTH AND 136 IN CUSTODY
Dealing with a person detained under S136 MHA

It is a requirement of the Mental Health Act 1983 as amended by s80-83 of the Policing and Crime Act 2017, that a child (under 18) can never be detained at a police station under s.136.

An adult can only be detained under S136 at a police station in exceptional circumstances:

• The person’s behaviour poses an imminent risk of serious injury (Serious GBH level) or death to that person or others, and
• Because of that risk there are no other suitable places of safety in London with the exception of a police station, and
• The custody officer should ensure an HCP checks the welfare of the person at least once every 30 mins and an HCP is present and available throughout the person’s period of detention, and
• An Inspector must authorise the person can be taken to or kept at a police station.
• The custody officer must also conduct and document reviews every hour and confirm that the person still poses an imminent risk of serious injury or death to that person or others and that they have checked since the last review that there is still no healthcare setting in London that can safely detain the person.
• The person must be transferred to an alternative place of safety as soon as possible once the exceptional circumstances no longer apply e.g. where the person calms.
• As a reminder from above; Restraint + MH = A&E. This dynamic would override the rationale for using police custody as a place of safety in all but the most extreme cases and if they did remain the HCP would need to conduct and document physical assessments

If a person is detained on the street under s 136 and there is no offence to investigate, they can only be brought into a custody suite if the Policing and Crime Act 2017 criteria apply. If the above criteria does not apply, the detainee should be taken to a Health-Based Place of Safety (HB PoS) or an Emergency department (ED). An HCP should be consulted prior to taking the person to the police station. A CSI should be consulted and be satisfied that the above criteria are met and authorise the use of their custody suite prior to the persons arrival.

When a person is detained under the MHA and brought to a custody suite, the circumstances of arrest field on CONNECT custody should give details that would explain why a detainee has come to a police station, rather than another place of safety, e.g. a hospital.

In any instance where a detainee arrives in custody that should have been taken to a health based place of safety for their physical or mental well-being, a near miss should be created on E-Safety.

The officer making the arrest should complete the Electronic Form E434 (Detention of a person under s.136 or s.5 Mental Capacity Act). The Place of Safety regulations then apply, the flowchart should be followed and the detainee should be transported to an HBPoS. If the detainee is not in immediate need of care or control, an HCP should be consulted regarding the need for a Mental Health Act assessment by a MH team. If a MH team attends custody, the PACE clock continues until a decision is made regarding the disposal.

If a person is detained under s 136 MHA in custody, the custody officer should add a further arrest onto the custody record start the E434 and MH incident onto the Offence page.

This section introduces a link to the MPS Mental Health Toolkit

Mental health is a significant and increasing area of demand for the police and this Toolkit has been produced by the MPS Mental Health Team to provide clear operational and tactical guidance, advice and instructions for Police Officers, Staff and Supervisors for when they are dealing with a mental health incident or someone who has mental ill health.

Section 12 of the Toolkit specifically relates to Mental Illness Within MPS Custody Centres, and is where advice and information can be found in relation to dealing with the complexities of mental health within the custody setting.

Further advice can be obtained from the Met Detention Safeguarding Hub by emailing: (Remove)@met.police.uk – please be advised that this mailbox is managed during office hours only.

Documentation to be given to hospital staff to ensure mental healthcare
Where a detainee is detained under s.136 in custody, or was arrested for an offence and subsequently needs hospital treatment and a mental health assessment, the ‘Mental health assessment of patients brought under criminal arrest by the police to Emergency Departments’ letter should be given to the escorting officers to give to hospital staff. This sets out the agreement by NHS England and MPS Medical Directors that individuals whether presenting to the Emergency Department voluntarily or under arrest should not be denied, or experience inappropriate delays, to physical or mental healthcare. If an officer returns a detainee to custody from hospital without a MHA assessment having been conducted where there are concerns about their mental health, the resultant delay in access to treatment should be reported via an E-Safety report to highlight the potential negative impact on their well-being and identify learning opportunities. This should also be escalated to Bronze healthcare.

For further information from NHS England regarding the protocol for people in police custody who require urgent Mental Health Care; see HERE