Use of police cells as ‘place of safety’ for under 18s to be banned under new government legislation

Using a police cell as a ‘place of safety’ for a young person under 18 years of age in mental health crisis is to be banned under forthcoming legislation in the Policing and Crime Bill.

The legislation will also restrict the use of police cells as a place of safety for adults too, including reducing the maximum duration of detention for the purposes of an assessment under the Mental Health Act from 72 to 24 hours.

This is taking forward a Conservative manifesto pledge to ensure proper provision of places of safety for people in mental health crisis. The Government accepts that police cells are a poor environment for any person experiencing a mental health crisis as they can make service users feel criminalised and exacerbate levels of distress. 

There has been an almost 50% reduction in the use of police cells as a place of safety in England and Wales between 2011/12 and 2014/15, but progress is variable across the country with five police force areas accounting for more than half of all uses of police cells. Additionally, in 2014/15 more than 150 children and young people were detained in police cells. 

Other changes to the Mental Health Act to be made under the Policing and Crime Bill include: 

• Widening the current definition of a place of safety to increase local capacity and flexibility

• Extending police officers’ powers to act quickly to detain and remove people experiencing a mental health crisis from any place other than a private dwelling (for which a warrant would still be required)

• Requiring police officers to consult health professionals before detaining someone under the Mental Health Act’s provisions

• Clarifying that assessments under the Mental Health Act can take place in a private dwelling.

Karen Bradley, Minister for Preventing Abuse, Exploitation and Crime, said: “The best place for people experiencing a mental health crisis is a healthcare setting, and those experiencing mental health problems should receive specialist care and support from healthcare professionals, rather than police officers.

“Too often and for far too long, vulnerable people experiencing a mental health crisis who have committed no crime have found themselves in a police cell because there is nowhere else to go.

“These measures will ensure a police cell is truly a place of last resort for vulnerable people experiencing mental health crises. Nobody wins when the police are sent to look after people with mental health problems; vulnerable people don’t get the care they need and deserve, and the police can’t get on with the job they are trained to do.”

Alistair Burt, Community and Social Care Minister, added: “Having a mental illness is not a crime, so a police cell is the last place you should be when experiencing a crisis – especially if you are a young person. I’m delighted to be delivering on our promise to end this practice for under 18s – it means families can have peace of mind that their loved ones will always be cared for in the right environment.

“Thanks to the hard work of NHS staff and police we have more health-based places of safety and have reduced the number of police detentions but I look forward to seeing how these measures make sure people with mental illness get the compassionate care they deserve.”

A 2014 review of the sections 135 and 136 of the Mental Health Act found people were being detained in police cells because of a lack of available health-based places of safety, whether this was due to capacity issues, staffing levels or opening hours.

In May 2015 Home Secretary Theresa May announced up to £15 million of funding to provide health-based alternatives to police cells. Additional provision will be focused on the areas of the country where use of police cells is highest.