Increase in Section 135 mental health interventions
By Gemma Raw
In 2021-22 there was a significant increase in the number of people detained under Section 135 of the Mental Health Act.
Approved Mental Health Professionals (AMHPs) have been making greater use of their powers under mental health legislation to respond to those in crisis or to deal with situations of suspected abuse or neglect. Home Office figures for 2021-22 show that there was an 8% year-on-year increase in detentions under Section 135 of the Mental Health Act, and a 23% increase compared to pre-pandemic levels.
What is Section 135?
Section 135 says that an AMHP can apply to a magistrate to issue a warrant, enabling police to enter a premises to remove a person who appears to have a mental disorder to a place of safety, so that a mental health assessment can be carried out. The AMHP must show reasonable cause to suspect that the person has been, or is being, ill-treated, neglected or kept ‘otherwise than under proper control’, or is unable to care for themselves. The police must be accompanied by the AMHP and a qualified doctor, for example a GP or psychiatrist.
The person can be removed for up to 24 hours, with the possibility of this being extended by 12 hours if the doctor judges that this is necessary for the assessment to be completed.
What is an Approved Mental Health Professional?
AMHPs work on behalf of local authorities to carry out a variety of functions under the Mental Health Act. Most AMHPs are social workers, but AMHPs can also come from a range of professions, for example having previous experience working in psychology or mental health nursing jobs. Typically, individuals are authorised by the local authority, but will work across a variety of teams in healthcare providers, including community mental health teams, and crisis resolution and home treatment teams.
Mental health workforce issues
The increase in demand for emergency mental health response comes against a backdrop of ongoing pressures for those working in mental health roles. According to the Monitoring the Mental Health Act report for 2021-22, published by the Care Quality Commission (CQC), workforce issues and mental health staff shortages remain the greatest challenge for the mental health sector, with pre-existing difficulties exacerbated by the COVID-19 pandemic.
Mental Health Act reforms
The Government’s white paper on Reforming the Mental Health Act includes proposals to raise the threshold for detention and review the need for detention more frequently, as well as expanding access to advocacy services and removing prisons and police cells from the list of locations designated as ‘places of safety’. From July to December 2022 the Bill was subject to scrutiny by a Joint Committee, which supported reform in principle. However, they said that the government must strengthen the Bill to address rising detention rates.
