Doctors Oppose Mental Health Detention Power Proposals

Medscape

28-05-2025

Nine prominent medical and social care organisations have jointly condemned proposed amendments to mental health legislation that would extend police powers of detention to medical practitioners in England and Wales.
The amendments, tabled during the passage of the Mental Health Bill through Parliament, would empower 'authorised' individuals, including medical professionals, to detain someone undergoing a mental health crisis.
At present, only the police have these powers of detention under the Mental Health Act 1983.
Joint Statement Urges Caution
The nine groups, including the Royal College of Psychiatrists, the Royal College of Nursing, and the Association of Ambulance Chief Executives, warned of the risk of "significant harm with dangerous consequences" from the proposals.
The joint statement focused on proposed changes in the Bill to sections 135 and 136 of the Mental Health Act. These sections cover the detention of people in crisis in public or private settings.
If passed, the amendments, introduced in the House of Lords, would authorise powers of detention for doctors, mental health nurses, and approved mental health professionals.
Police officers would only need to attend to investigate a crime or if there was an immediate risk to life.
Police Role is Vital, Say Signatories
The organisations warned that removing police involvement in mental health incidents could be unsafe.
According to the statement, 'instances of detentions under the Mental Health Act where there is no risk are almost non-existent.' It noted that 'the mere presence of uniformed officers can ensure that an otherwise risky situation remains contained and safe.'
The organisations also noted that police are essential in carrying out many tasks that medical practitioners cannot perform, such as checking whether it is safe to enter a home.
The Bill aims to deliver on the government manifesto commitment to modernise mental health legislation to give patients greater choice, autonomy, and enhanced rights and support, ensuring dignity and respect throughout treatment. It is intended to give effect to the policy approaches outlined in a 2018 independent review by Sir Simon Wessely.
The statement criticised the lack of consultation with frontline professionals and patients. It warned that the changes could increase the use of restrictive practices and limit patient autonomy, undermining the aims of the legislation.
Risk to Therapeutic Relationships
Transferring police powers to healthcare professionals could risk damaging their therapeutic relationships with patients, the statement said. It might also discourage people from seeking help.
Dr Lade Smith, president of the Royal College of Psychiatrists, who worked on the 2018 review, echoed these concerns. "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," she said.
Delegating police powers without proper consultation or planning "sets a dangerous precedent" and is likely to increase risk to patients and compromise the safety of others, Smith added.
Other signatories to the statement are the:
Association of Directors of Adult Social Services
Approved Mental Health Professional Leads Network
British Association of Social Workers
British Medical Association
College of Paramedics
Royal College of Emergency Medicine
As the Bill moves to the committee stage in the House of Commons, the signatories
called for joint working with police and government to improve crisis responses.