Government to consult on extending police powers of detention to social workers

The government is to consult on whether to extend emergency police powers to detain someone under the Mental Health Act to social workers and other professionals. 

The plan was announced during a debate in the House of Lords on the Mental Health Bill currently going through parliament.

The move marks a shift in the government’s position after it rejected an amendment to the bill by Lord Kamall to extend emergency powers to a new category of “authorised person”.

This would have included approved mental health professionals (AMHPs), along with other health and social care professionals.

Extension of the powers under sections 135 and 136 of the act was opposed by the British Association of Social Workers along with eight other professional associations.

They argued the move would put staff at risk, could damage therapeutic relationships with patients and deter people from seeking help for fear of being detained.

Addressing the Lords, Baroness Merron, parliamentary under-secretary of state at the Department of Health and Social Care, said the government had listened to concerns.

“Health and care professionals lack the training, equipment and access to rapid back-up needed to use such powers safely, and stakeholders are concerned about staff having the authority to use reasonable force. 

“A blanket extension of powers to multiple agencies would risk confusion and delay in emergencies due to a lack of clarity over who should respond.”

However, Baroness Merron acknowledged there were “situations where health professionals feel that they do not have the powers they need”.

She added: “That is why I am announcing longer-term plans to launch a consultation into emergency police powers of detention. 

“We will consult on the powers available to different professionals in different situations and settings, in particular – but not limited to – the operation of the emergency powers in sections 135 and 136. 

“The consultation will seek views on powers and joint working approaches to ensure that health and social care professionals and police have the appropriate powers to act in order to prevent people harming themselves and others when in a mental health crisis.”

Baroness Teresa May, who supports extending powers, said there were situations where having to call the police for an emergency detention was problematic.

“One situation might be if a patient presents to a GP in an evident mental health crisis, the clinician determines an urgent assessment is needed and the patient is advised to attend hospital voluntarily, but they are unwilling to do so and there is no other available alternative statutory pathway, so the police are contacted in order to exercise their powers under Section 136. 

“It is not that the police are needed; it is just that they are the only people who have the power at the time. There is not necessarily a need to restrain somebody; they are just the only people who have that power.”

Another example, said Baroness May, could arise in A&E when someone requiring hospital treatment for mental health care seeks to leave before assessment.

She quoted a doctor who said: “A police officer has more power in that situation than I do. How can I excuse calling the police to my department to assist in mental health care?… We want to reduce the involvement of police in mental health care, not invite it.”

Baroness Merron said her department would work with the NHS, the social care sector, the police and the Home Office to “consider the options to consult on that support better outcomes for patients and services”.