Mental Health Solicitors

The IPCC (Independent Police Complaints Commission) has launched a criminal investigation into the death of a Luton man with mental health issues, who died in hospital after falling ill in police custody.

Leon Briggs, 39, died after being detained by police officers under the Mental Health Act on 4 November. He had been detained near his home at the junction of Marsh Road and Willow Way in Luton and was taken to Luton Police Station where he became ill.

The IPCC has been told Mr Briggs was detained under Section 136 of the Mental Health Act 1983 and the IPCC has obtained footage from the CCTV system in the custody suite at Luton Police Station.

Witness statements are also being taken from residents local to the spot where Mr Briggs was arrested near his family home – and local businesses have also provided CCTV footage to IPCC investigators.

IPCC family liaison officers are offering support to Mr Briggs’ family.

Some Marsh Farm residents have told local radio station Heart that they are concerned the investigation into Bedfordshire Police and Leon Briggs’ death will not be “dealt with fairly”.

IPCC Commissioner Mary Cunneen said that the investigation into Mr Briggs’ death was at an early stage and it was important “not to pre-judge the findings”. She said investigators were considering whether disciplinary offences had been committed regarding Mr Briggs’ death.

Ms Cunneen said:

“…At this stage we believe there is an indication that potential criminal offences may have been committed, including gross negligence and/or unlawful act manslaughter, misconduct in public office, and/or offences under the Health and Safety at Work Act 19.

“We are in contact with Leon’s family and continue to update them regularly with the progress of our investigation. I know this must be an incredibly difficult time and my thoughts are with them.

“I want to stress again that this will be an independent and rigorous investigation into the circumstances of Leon’s death.”

Section 136 Mental Health Act

Section 136 of the Mental Health Act 1983 allows police officers to detain a person for their own safety or the safety of others. People detained under Section 136 are removed from public places by the police and are usually taken to a hospital or police custody suite for assessment and for their own protection. A person detained under Section 136 can be held for up to 72 hours, during which time a doctor or approved mental health professional (AMHP) must assess their condition before referring them to hospital or discharging them.

Individuals detained under the Mental Health Act are entitled to legal representation which is usually provided by a specialist mental health solicitor.

Legal advice and assistance are free to those detained under the Mental Health Act. The nearest relative of someone detained under the Mental Health Act may also be entitled to financial assistance, so it is important to take advice from a mental health solicitor and know your legal rights.

Duncan Lewis mental health solicitors can arrange to visit hospitals at short notice – and can advise mental health patients detained under the Mental Health Act and their families.

The Duncan Lewis Mental Health Solicitors Helpline is 0203 114 2114.

The Duncan Lewis Emergency Hotline number is 020 7275 2036.