Mental Health Solicitors

The Welsh Government has signed a new agreement to improve the system of care and support for people in a mental health crisis.

The crisis care concordat commits the organisations which have signed up to the agreement to work together to intervene at an early stage – and, if possible, reduce the likelihood of people posing a risk to themselves or others as a result of a mental health condition.

New proposals to reduce the use of police custody for people suffering with mental health problems are a key part of the new approach.

People with suspected mental health issues who are detained under the Mental Health Act should be assessed within three hours and not be held in police custody for more than 12 hours.

All organisations which sign the concordat have made a commitment to find the most appropriate support for people, regardless of their situation and which service they turn to for help.

Organisations should also make sure that any intervention is carried out without any unnecessary or inappropriate placement, such as police custody.

Other commitments include an agreement that people under the age of 18 who experience a mental health crisis should never be held in police custody, unless in exceptional circumstances.

Police vehicles will also rarely be used to convey people in crisis between NHS facilities, except the most violent of individuals and only in exceptional cases. NHS transport or other health vehicles – but not necessarily an ambulance – should be commissioned to take people in a mental health crisis to hospital.

If a young person under the age of 18 is detained under Section 135 or 136 of the Mental Health Act and taken to a police station for assessment, a case review will be held within seven days to determine whether this could have been avoided, in order to learn from the incident.

Monitoring groups within health boards will also review every Section 135 and 136 detention within police custody to determine its appropriateness.

Health and Social Services Minister, Mark Drakeford said:

“This new agreement is about providing the most appropriate care and support to those facing a mental health crisis, whatever the time, every day of the year.

“It is about all those who have signed up working closely together, so we avoid people being wrongly kept in a police cell – and instead be given access to the right treatment for them.

“I am delighted this deal has brought together so many organisations that have a vital role to play.”

Assistant Chief Constable of South Wales Police, Jon Stratford, added:

"Too many people end up in police cells when detained for their own or others' safety under the Mental Health Act, instead of receiving appropriate support and help.

“We welcome the development of the crisis care concordat. The signing of today’s agreement is an important step in improving how all agencies work together to protect vulnerable people.”

Director of Mind Cymru and chair of the Wales Alliance on Mental Health, Sara Moseley, said:

"When you are in crisis, you are at your most vulnerable. You may be experiencing delusions or hallucinations, you might be suicidal or self-harming, it can be very frightening – you need the right help urgently.

“A police cell is a completely inappropriate environment in which to receive that care and support.

“Mind has been campaigning for action on reducing the use of police cells for people in crisis for many years. Bringing together so many agencies, including the police, the NHS and the third sector, is a great achievement and shows how determined we are to create change.

“This is a crucial first step. There's a lot more to do to make sure that anyone experiencing a mental health crisis gets the right care.

“We need to make sure that mental health services can cope with demand –
and get people the help they need early on to prevent them reaching crisis point in the first place.

“Great crisis care exists, but we need to make sure it exists for anyone in Wales who needs it.”

Duncan Lewis Mental Health Lawyers
Duncan Lewis is the UK’s largest provider of Legal Aid mental health services and our mental health lawyers regularly visit police stations and hospitals to advise on mental health law, including detention under the Mental Health Act.
In some cases, Duncan Lewis mental health lawyers may be able to advise the Nearest Relative or carer of a mental health patient on mental health law, including access to services and initiating treatment reviews, where appropriate.
For expert legal advice on mental health law, contact the Duncan Lewis Mental Health Solicitors Helpline on 0203 114 1124.