Passing police detention powers to NHS staff ‘could cause significant harm'
In March, the Government suffered several defeats in the Lords as peers debated ways to modernise mental health legislation.
Conservative shadow health minister Lord Kamall proposed a change to the Mental Health Bill so that nurses, doctors and other staff could carry out detentions of patients without the need for police officers to attend incidents.
Health minister Baroness Merron told the Lords the Government did not support 'extending police powers in this way' but peers backed the Conservative proposal, resulting in changes to the draft new law.
The changes mean powers previously reserved only for police could be transferred to health or other professionals to detain and restrain people in crisis, in public spaces or at home.
It comes after concerns have repeatedly been raised by police leaders about the pressures mental health issues are placing on policing.
Launching a joint statement, major health organisations have expressed 'grave concerns' and argue the 'police play a crucial role in carrying out many tasks that medical practitioners cannot perform, such as assessing whether a home is safe to enter'.
They said 'reducing police involvement in mental health emergencies could lead to serious risks for both patients and clinicians.'
The joint statement said wording accompanying the amendment 'states that 'the proposed amendments would remove the need for the presence of police at mental health incidents in the absence of any risk.'
'This is misleading as instances of detentions under the Mental Health Act where there is no risk are almost non-existent.
'It also negates the fact that the mere presence of uniformed officers can ensure that an otherwise risky situation remains contained and safe.'
Transferring police powers to health professionals also risks damaging their 'therapeutic relationships' with patients, the signatories said.
This has the 'double-effect' of hindering the ability to provide care, while also deterring people from seeking help from services where they might be forcibly detained, they added.
The organisations said the changes 'have not been tested' with health professionals or discussed with patients.
Their statement said: 'We are keen to work with police and Government to find ways to improve responses to mental health crises to ensure the safety of all professionals involved, patients and the community.'
Dr Lade Smith, president of the Royal College of Psychiatrists, said delegating police powers to health professionals 'would not be within the spirit' of the proposed reforms to the Mental Health Act.
She added: 'It is well known that at times, people experiencing a mental health crisis cannot be safely reached and cared for without the assistance of the police.
'Delegating police powers without proper consultation or planning is likely to disproportionately affect those from minoritised backgrounds and would increase risk to patients and compromise the safety of others. It sets a dangerous precedent.
'Like mental health services, the police are facing significant workload pressures.
'It is simply logical and now vital that we work together to develop more effective ways of responding to mental health crises.'
A Department of Health and Social Care spokesperson said: 'Extending police powers to other professionals would represent a major shift in the roles, responsibilities and practice for health and care staff and would place additional resource on an already stretched NHS at a time where we are trying to rebuild a health service fit for the future.
'It also raises questions around whether it is right for the health and social care professionals to have powers to use reasonable force which could have implications for patient, public and staff safety, as well as potentially damaging the relationships clinicians have with patients.
'We are grateful to health and social care stakeholders for their in-depth engagement on this complex issue.'
Signatories to the joint statement are:
– Association of Ambulance Chief Executives (AACE)– Association of Directors of Adult Social Services (ADASS)– Approved Mental Health Professional (AMHP) Leads Network– British Association of Social Workers (BASW)– British Medical Association (BMA)– College of Paramedics– Royal College of Emergency Medicine (RCEM)– Royal College of Nursing (RCN)– Royal College of Psychiatrists (RCPsych)
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