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Mental Health Act Policy - Practice Guidance Note Section 135 (1) and Section (2) - Removal of a Patient From Private / Locked Residence to a Place of Safety – V04- New Legislation implemented 11.12.2017 Date issued Issue 2 – Sep 17 Issue 3 – Dec17 Issue 4 – May 19 Issue 5 – Oct 19 Issue 6 – Nov 19 Planned review Mar 2020 MHA-PGN-12 Part of CNTW(C)55 – MHA Policy Author/Designation Claire Andre – Clinical Police Liaison Lead Lorna Turney - Mental Health Legislation Lead Responsible Officer / Designation Rajesh Nadkarni – Medical Director Contents Section Description Page No 1 Introduction 1 2 Duties and Responsibilities 1 3 What is difference between Section 135 (1) and Section 135 (2) 1 4 Magistrates Court Role 2 5 Section 135 (1) - Definition and Purpose 2 6 Section 135 (2) - Definition and Purpose 7 7 Section 18 of Mental Health Act 1983 9 8 Record Keeping for both Sections 135(1) and 135(2) 10 9 Payments 10 10 Monitoring Compliance 10 11 Implementation 11 12 Training and Awareness 11 13 Leaflet Process 11 14 Associated Documentation 11 15 References 11

MHA-PGN-12€¦ · 13 Leaflet Process 11 14 Associated Documentation 11 15 References 11 . MHA-PGN-12 Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust MHA-PGN-12–Section

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Page 1: MHA-PGN-12€¦ · 13 Leaflet Process 11 14 Associated Documentation 11 15 References 11 . MHA-PGN-12 Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust MHA-PGN-12–Section

Mental Health Act Policy - Practice Guidance Note

Section 135 (1) and Section (2) - Removal of a Patient From Private / Locked Residence to a Place of Safety – V04- New Legislation implemented 11.12.2017

Date issued Issue 2 – Sep 17

Issue 3 – Dec17

Issue 4 – May 19

Issue 5 – Oct 19

Issue 6 – Nov 19

Planned review Mar 2020

MHA-PGN-12 Part of CNTW(C)55 – MHA Policy

Author/Designation Claire Andre – Clinical Police Liaison Lead Lorna Turney - Mental Health Legislation Lead

Responsible Officer / Designation

Rajesh Nadkarni – Medical Director

Contents

Section Description Page No

1 Introduction 1

2 Duties and Responsibilities 1

3 What is difference between Section 135 (1) and Section 135 (2) 1

4 Magistrates Court Role 2

5 Section 135 (1) - Definition and Purpose 2

6 Section 135 (2) - Definition and Purpose 7

7 Section 18 of Mental Health Act 1983 9

8 Record Keeping for both Sections 135(1) and 135(2) 10

9 Payments 10

10 Monitoring Compliance 10

11 Implementation 11

12 Training and Awareness 11

13 Leaflet Process 11

14 Associated Documentation 11

15 References 11

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Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust MHA-PGN-12–Section 135(1)-135(2)–Removal of patient from private/locked residence to place of safety–V04–Iss 6-Nov 19 Part of CNTW(C)55 – MHA Policy

Appendices – listed separate to policy

Appendix No: Description

Appendix 1 Section 135 (2) Flowchart

Appendix 2 Written Request for S135 (2)

Appendix 3 Section 135/136 Form

Appendix 4 Magistrates Court Contact Details

Appendix 5 Letter relating to payment of warrant

Appendix 6a Section 135 (2) Warrant, Scotland

Appendix 6b Section 135 (2) Warrant

Appendix 7 Leaflets – Linked to Patient Information Centre – Admission of patients removed by police under a court warrant

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1 Introduction 1.1 This Practice Guidance Note (PGN) aims to provide guidance to Cumbria,

Northumberland, Tyne and Wear NHS Foundation Trust (the Trust/CNTW) employees, around the legal framework, process and pathway of Section 135 (1) and (2) of the Mental Health Act 1983 (MHA 1983). This is based on the information within the Multi-Agency Guidance document that is shared guidance for all agencies. It should also be read in conjunction with the Mental Health Act Code of Practice (MHA CoP) (2015). This has been updated with Police & Crime Bill (2017) legislation changes to Section 135 that are in place from 11th December 2017. A person experiencing a mental health crisis should receive the best possible care at the earliest possible point.

1.2 Mental Health is core business for all organisations involved with a person in crisis,

and equally to those detained under Section 135 of the Mental Health Act (MHA). They must ensure anyone who is detained receives the appropriate care and are safe from the point of detention to the point of discharge or admission. It is every organisation’s responsibility to ensure they support the other(s) throughout the period of detention (including conveyance) in accordance with the legislation and guidance.

2 Duties and Responsibilities

To ensure efficient, effective and dignified arrangements for ALL detainees who need to be removed using Section 135 (1) to a Place of Safety (PoS)

To ensure the use of a dedicated Mental Health PoS on the majority of occasions, exemplifying best practice

To ensure a clear, easy process for staff in relation to accessing Section 135 (2) warrants

It is unlawful or anyone under the age of 18, who is detained on a section 135 to be taken to a Police Station as a Place of Safety (PoS). Only in specific circumstances would this be accepted, where there is clear risk of serious harm or death that cannot be managed in any other PoS. There are regulations and authority that must be followed for this to occur.

The executive responsibility for ensuring that this PGN is implemented lies with the group directors of the respective service

Each Associate Director is responsible for ensuring that this PGN is adhered to within their area of accountability

It is the responsibility of individual practitioners to adhere to the principles and standards within this policy

This PGN applies to all staff within the Trust

3 What is difference between Section 135 (1) and Section 135 (2)?

3.1 Section 135 in its broadest sense is a warrant to enter a person’s property issued by a Magistrates Court. The reasons and circumstances for this differ depending upon if this relates to part 1 or 2 of this section. We shall cover Section 135 (1) briefly as the responsibility for this lies with the Local Authorities. This PGN will go into more

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detail around Section 135(2) including the responsibilities and practical guidance for CNTW staff.

4 Magistrates Court Role

4.1 Magistrates have to be satisfied that it is appropriate to issue a warrant. Magistrates should ensure that Section 135 warrants can be granted in a timely way, taking into account that situations can be very urgent and that it should be possible to grant a warrant outside of normal business hours.

4.2 Reliance upon Section 135 to gain entry in an emergency situation may be

inappropriate due to the time it can take to obtain the necessary warrant. The police may use their power of entry under Section 17(1)(e) of the Police and Criminal Evidence Act 1984 (PACE)1 for the purposes of saving life or limb or preventing serious damage to property: however this does not confer on the police any power to remove the person to a place of safety or to detain. (MHA Cop, para16.13)

5 Section 135 (1)

5.1 Definition and Purpose

5.1.1 The purpose of a Section 135 (1) warrant is to provide Police officers with a power of entry to private premises, for the purposes of removing the person to a place of safety for a mental health assessment or for other arrangements to be made for their treatment or care (MHA CoP, para 16.3).

5.1.2 The warrant gives police the right to enter the premises, by force if necessary. The

police officer may remain even if asked to leave, and may also search the premises of the person believed to be suffering from a mental disorder. When acting on the warrant, the officer must be accompanied by an AMHP and a doctor. It may be helpful if the doctor who accompanies the police officer is approved for the purposes of Section 12(2) of the Act. A person should be told the reasons for the removal before they are removed. The Police officer may if necessary, then remove the person to a place of safety, where they can be detained for up to 24 hours from the time of their arrival. Under changed legislation where a section 135 warrant has been executed, a person may be kept at their home for the purposes of an assessment rather than being removed to another place of safety (in line with what is already possible under section 136).

A place of safety is now defined in the Act as:

– A hospital

– An independent hospital or care home for mentally disordered persons

– A police station

– Residential accommodation provided by a local social services authority

– Any other suitable place (with the consent of a person managing or residing at

that place)

The legislation continues to provide for a range of locations to be used as a place of safety, which allows for local flexibility to respond to different situations. A person in

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mental health crisis should be taken to or kept at a place of safety that best meets their needs. The expectation remains that, with limited exceptions, the person’s needs will most appropriately be met by taking them to a ‘health-based’ place of safety. Under Section 135, the person’s home may be the Place of Safety.

In some circumstances a person may be less distressed if taken to or kept at a place of safety with which they are familiar. This may be particularly true for example, in relation to children or older people, or possibly those who have experienced mental health crises on several occasions and who may have a relationship with a particular support organisation. However no assumptions should be made about potential personal preferences. In addition, if contemplating using a private dwelling the police officer should have regard to any information – readily available to the police and their partner agencies – indicating that use of that address as a place of safety could be detrimental to the detainee’s welfare (for example, safeguarding concerns, or previous incidents at the address). ii. The second is that appropriate agreement is given to the use of the place as a place of safety. Where it is contemplated using a private dwelling (house, flat or room where a person is living) as a place of safety, section 135 requires that the person believed to be suffering from a mental disorder and, if they are not the sole occupier of the premises, at least one of the occupiers of that dwelling, agree to that place being used as a place of safety. This is set out in summary form below:

Reference: Image taken from guidance for the implementation of changes to police powers and places of safety provisions in the mental health act 1983 (October 2017).

Being satisfied that the person believed to be suffering from a mental disorder is able to agree to use of a private dwelling as a place of safety may in some circumstances be difficult. However mental ill health issues take a wide range of forms, and while a person may appear to be suffering from a mental disorder this does not necessarily mean that (s)he is unable to agree to use of a place as a place of safety. It will be relevant whether the person can understand the information relevant to the decision, retain that information, use or weigh that information as part of the process of making the decision, and communicate that decision. Good practice recommends a person centric approach, with the person actively involved in their care arrangements where possible. The person must not however be coerced or pressured into giving such agreement or expressing a preference to remain at a private dwelling. If they are clearly unable to understand or communicate with police or mental health professionals, the necessary agreement cannot be sought or obtained.

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When seeking agreement to use a private dwelling or other premises as a place of safety, the police officer should ensure that the relevant persons understand the purpose for which the place will be used, and the support arrangements that will be put in place to safeguard the person (and any others present) pending an assessment. It should be made clear that there is no legal obligation on them to accede to such a request. The request for and giving of this agreement should be recorded.

5.1.3 Process

5.1.3.1 An individual is in private property and there are concerns from professionals that the person is in need of a MHA Assessment due to the concerns regarding the person’s mental health and presenting risks. Attempts should have been attempted to enter the property via discussion with the person, or a reason given why this is not possible. If the concerns are coming from another agency outside of the Local Authority, for example CNTW or Police this must involve the mental health team at the Local authority at the earliest opportunity for discussion and guidance. If the decision is made to progress to the Section 135 (1) warrant stage, this must be based on all available information, with other options exhausted or ruled out from all agencies involved.

5.1.3.2 The Approved Mental Health Professional (AMHP) must contact the Magistrates

Court for a time slot, providing written evidence why this is required. They must then attend, swearing on an oath and provide verbal evidence to the Magistrates Court that the person is believed to be suffering from a mental disorder and requires an urgent MHA Assessment, due to the concerns relating to presentation and risks. There is a legal framework that has to be followed, which is not detailed here as this is a Local Authority process, they shall have the necessary guidance and paperwork for this to occur.

5.1.3.3 The process involves effective co-ordination and communication for the AMHP, they

must:

Ensure shared information on risk and presenting factors with Police to develop a risk management plan for the execution of the warrant; this may involve Street Triage if they are available or they will support and guide their colleagues

Ensure Section 12 approved doctors are available to attend the address, it may the person’s regular doctor if known to CNTW services and available

Discuss with Police all available information, so they can decide the level of resource in undertaking this

The PoS must also be booked via the Section 136 co-ordinators in the in the Crisis Service, or a health based alternative identified

Book an ambulance to be available to transfer the person to a Mental Health Place of Safety (PoS)

5.1.3.4 A pre-meet will occur prior to the executed of the warrant; this would be at a mutually agreed safe location, where the plan would be formulated.

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5.1.3.5 Following entry to the person’s property, the AMHP and doctor between them should

determine whether the person needs to be taken to a place of safety for further assessment or for arrangements to be made for their treatment or care.

5.1.3.6 The AMHP and the doctor may convene a mental health assessment in the person’s

home if it is safe and appropriate to do so and the person consents, (and has capacity to do so) to this. In taking this decision, consideration should be given as to who else is present, particularly if a person might be distressed by the assessment taking place in these circumstances.

5.1.3.7 It may be helpful for the AMHP to escort the person or meet them on arrival at the

place of safety, in order to ensure continuity of care and to provide information for the hand-over. The police should not normally be needed. This would form part of the pre-meet discussion and be based upon presenting and known risks.

5.1.3.8 The person must be read their rights by the AMHP/doctor under Section 135 (1) of

the MHA.

Police Power of Search

The new section 136 allows a police officer to search a person subject to section 136 if the officer has reasonable grounds to believe that the person may be a danger to themselves or others and is concealing something on them which could be used to physically injure themselves or others. The search power is designed to ensure the safety of all involved and should be used appropriately to support policing and health agencies to effectively care for and support the person. The new power does not include any restrictions around age or any other characteristic of the person to be searched. However, the power does not require a person to be searched. Any search conducted by the officer under new section 136 is limited to actions reasonably required to discover an item that the officer believes that the person has or may be concealing. The officer may only remove outer clothing. The officer may search the person’s mouth, but the new power does not permit the officer to conduct an intimate search. Detention period and extensions

The maximum period for which a person can be detained at a place of safety under section 135 or 136 is now 24 hours (reduced from 72 hours), with the possibility of this period being extended by a further 12 hours in specific circumstances.

The detention period for those detained under begins:-

Where a person is removed to a place of safety under section 136 – at the point when the person physically enters a place of safety. Time spent travelling to a place of safety or spent outside awaiting opening of the facility does not count;

where the person is kept at the address specified in the warrant under section 135 - the time at which the police officer first enters the premises and;

The clock continues to run during any transfer (if this is necessary) of a person between one place of safety and another. If a person subject to section 135 is taken first to an Emergency Department of a hospital for treatment of an illness or injury (before being removed to another place

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of safety) the detention period begins at the point when the person arrived at the Emergency Department (because a hospital is a place of safety). The new maximum period of detention of 24 hours can be extended by up to a further 12 hours – to a maximum of 36 hours – but only in very limited circumstances. These are that, because of the person’s condition (physical or mental), it is not practicable to complete a Mental Health Act assessment within the 24 hour period. This might arise, for example, if the person is too mentally distressed, or is particularly intoxicated with alcohol or drugs and cannot co-operate with the assessment process. A delay in attendance by an Approved Mental Health Professional or medical practitioner is not a valid reason for extending detention A decision to extend the detention period can only be taken by the responsible medical practitioner. This is defined as “The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136”. This will be the Section 12 doctor from CNTW, in these cases. The reason for this extension must be detailed documented within the healthcare record, progress notes. This should be highlighted within the Section 135/136 form on Rio also. If the person is being held at a police station, and it is intended for the assessment to take place at a police station, the authorisation to extend the maximum detention period must also be approved by a police officer of the rank of superintendent or higher (since it is expected that it would be unusual for a person to continue to meet the criteria to be held at a police station for up to 36 hours). Retaking a person who escapes – Section 138 Section 138 deals with powers to retake a person subject to section 136 who escapes from custody. Given the reduction in the usual maximum time for which a person may now be detained under section 135 or 136 to 24 hours, the timescales in section 138 have been reduced accordingly. Amendments to section 138(3) provide:

Escape during removal to a place of safety Where a person escapes in the course of being removed to a place of safety under or 136 (s)he may not be retaken under this provision after a period of 24 hours has expired from the time of that escape.

Escape from a place of safety Escape from a place of safety where a person escapes after arrival at a place of safety (s)he may not be retaken under this provision after the maximum time that they could have been detained in that place. In most cases that will be a total period of 24 hours but account also needs to be taken of any extension to that period (up to a maximum of 12 hours), where this has already been authorised by the medical practitioner under section 136B, at the point of any escape.

5.2 When does Section 135 (1) end?

5.2.1 The power to detain a person under Section 135(1) ceases once an application for further detention has been made under the Act, other arrangements have been made

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for their treatment or care, or it has been decided that no further action is to be taken in respect of the person.

6 Section 135 (2)

6.1 Definition and Purpose 6.1.1 The purpose of a Section 135(2) warrant is to provide Police officers with a power of

entry to private premises for the purposes of removing a patient who is liable to be taken or returned to hospital or any other place or into custody under the Act (MHA CoP, 16.44).

6.1.2 The situations it would likely be used within CNTW are:

Community Treatment Order (CTO) recall of a patient in private premises not allowing or likely not allow entry

A detained patient is Absent Without Leave (AWOL) from a ward and is known to be inside the property, but refusing access or likely to do so

6.1.3 The warrant must be granted by a Magistrate. It enables a Police officer to enter the

premises, search for, and remove the patient so they can be taken to, or returned to, where they ought to be.

6.2 Process

6.2.1 In these situations CNTW will be the lead agency in obtaining the Section 135 (2) warrant, as we have the relevant and clinical information required by a Magistrates Court to obtain the warrant.

6.2.1.1 It must be decided within the clinical team who will co-ordinate the process and who

will be attending the court to give evidence on behalf of the hospital authority. This may be the responsible clinician, care co-ordinator or ward/team manager/ clinical lead, whoever is best placed with the most relevant clinical information should attend, this would be agreed by the Multi-Disciplinary Team (MDT). The first thing that would occur is notification to Police, that a Section 135 (2) is required and CNTW are starting the process to obtain one, and will be in touch once this occurs.

6.2.1.2 Appendix 1 outlines the process in a flowchart on obtaining a Section 135 (2) warrant. 6.2.1.3 The Magistrate Court will require the following:

During the office hours, the Magistrate Court will require a written request (Appendix 2 – Written Request) for Section 135 (2) to be sent to relevant court, via fax ensure this includes who is representing the clinical team from CNTW and attending the court (see Appendix 4 Magistrates Courts Contact Details)

Contact the court on the relevant number (as per Appendix 4) to confirm receipt and confirm attendance slot at court

Prepare all the following documentation to take to the Magistrates Court:

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o Evidence of eligibility to detain (A good copy of CTO recall /Section Papers and Section 17 if available)

o Letter relating to payment of warrant (Appendix 5)

o Section 135(2) Warrant (Appendix 6)

o Professional attending must have photographic ID

The warrants costs vary, so you must ensure you fill in the form after speaking to the clerk of court about the cost of the warrant, and leave the completed letter (Appendix 5) with the court. Ensure you obtain a copy as you will need to send this to CNTW finance department to ensure the fee is paid

The person representing the hospital authority (CNTW) would then attend with all necessary information to give verbal evidence. They must be aware they will be asked to swear an oath on the bible or alternative depending upon the person’ faith/wishes

The staff member will be asked to give verbal evidence to support the written request of the warrant. The person should include what the legal framework is (CTO recall/ Detained and AWOL under MHA), as well as any clinical information relevant, and why entry to property has not been possible

The warrant (Appendix 6) will need to be fully completed by the Magistrates Court, please ensure you check this before leaving to ensure it is accurate and with no errors, as this may make it void

6.2.1.4 Once the warrant has been granted it must be executed within 28 days from the date issued, and if not used or expires it should be returned to the Magistrates Court.

6.3 Out of Hours Warrant

This situation will be rare to require a Section 135 (2) out of hours (9-5), and we must ensure that it is necessary and that it cannot wait until the following day, this may be based on risk and would be clinical team decision

Please note that out of hours the process will be to ring the designated out of hours number on Appendix 4 and follow advice given. This in some areas currently (subject to change) will be going via Police Custody and asking for the number for the on call court advisor. Explaining why this is required and what is required.

You will have to explain what is required, and what it means to them. As they may not have any experience of this type of warrant

You may then be required to attend a local Police station, Court or a mutually agreed location to give evidence to a Magistrate, to obtain the warrant

You must take all relevant paperwork /photographic ID as detailed above with you

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6.4 Co-ordination of the warrant execution

6.4.1 The Clinical team must decide who will lead the co-ordination of the Section 135 (2) warrant execution, the person will ensure effective communication, and organisation and appropriate resources are available. They must:

Ensure adequately shared information on risk and presenting factors with Police to develop a risk management plan for the execution of the warrant; this may be via Street Triage or 101 if not available

Discuss with Police all available information, so they can decide the level of resource in undertaking the warrant safely

Book an ambulance to be available to transfer the person to the ward they are being taken or admitted to. It is not acceptable for a person to convey in Police vehicle unless the risk is exceptionally high, that it would pose a risk to public safety to do anything other

A pre-meet will occur prior to the execution of the warrant; this would be at a mutually agreed safe location, where the plan would be formulated together

Ensure that members of the clinical team are also there alongside Police to support the person to hospital

6.4.2 When a warrant issued under Section 135(2) is being used, the police officer must be accompanied by a person with authority from the hospital managers (CNTW Staff Member) to detain the patient and to take or return them to where they ought to be.

6.4.3 Depending on the presenting the risks, and the agreed plan at the pre-meet, the

Police do not have escort the person back to hospital, CNTW staff can do this acting on behalf of the hospital managers authority, under Section 18 of the MHA. See section below.

6.4.4 For patients on a Community Treatment Order (CTO) it is good practice for this

person to be a member of the MDT responsible for the patient’s care. The patient should be told why they are being detained, taken or retaken, before this happens.

7 Section 18 of the MHA 1983

7.1 Section 18 MHA is the legal power to return AWOL patients (including CTOs) to their ward and it is not a power directed solely or even firstly at police officers. Where a patient who has been granted leave fails to return to hospital upon its completion, or where they fail to return if recalled from such leave when it is revoked, then they become AWOL, under the MHA.

7.2 This then entitles an AMHP, anyone on the staff of the relevant hospital (CNTW), a

constable or anyone else authorised by the managers of the hospital, to take the patient into detention under Section 18 MHA and return them to the hospital. There is no power of entry in respect of this authority. Hence the needs for a Section 135(2) warrant.

7.3 Execution of the warrant

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7.3.1 Once everyone is present at the address that is required (Police, CNTW staff supporting and transport for conveyance) the warrant can then be used.

7.3.2 Entry can be forced, with the warrant if required, and the property made safe, staff

would enter and speak to the person, explaining what is occurring and why. They will be given a copy of the warrant, once the police have completed the warrant to evidence it has been used, and the name of the officers involved.

7.3.3 A review of the initial plan would be made jointly on the method of conveyance, and

the plan agreed, and the person would be transferred to hospital. 8 Record Keeping for both Sections 135 (1) and (2) 8.1 The Section 135/136 form (Appendix 3) on the patient’s electronic notes should be

completed by the doctor in the case of Section 135 (1) and the CNTW staff member coordinating the Section 135 (2).

8.2 An entry would also be made within the progress notes and for Section 135(1) and

Core assessment would be completed. 8.3 A copy of the Section 135 (1) or (2) warrant would be kept in the patients RIO support

file and copy sent to the relevant MHA office. 9 Payments 9.1 Payments for the Section 135(1) warrant lie with the Local Authority. Payments for

Section 135 (2) warrant with CNTW. The cost of varies currently, and this must be checked when attending the court.

9.2 On attending the Magistrates Court a letter with for payment (Appendix 5) will be left

with Magistrates Court and copy sent to the Finance Team at St Nicholas Hospital to ensure payment.

10 Monitoring Compliance 10.1 CQC request the following data is collated and monitored in relation to Section 135

(1):

The age, gender and ethnicity of people brought to the place of safety

The number of requests received from the police for people to be brought to the place of safety

The number of people referred to the place of safety who are resident out of area

The number of times people were accepted

How often health-based places safety cannot be accessed and the reasons for each time this happens

The time taken to start MHA assessments, the reasons for delays, transfers between places of safety

The reasons for using alternatives to the designated place of safety

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10.2 CNTW will monitor all Section 135 (1) and (2) data and reviews and delays, incidents, and outcomes. This data will be collated via CNTW information system from the RIO form.

10.3 Multi-agency reviews will be held where appropriate, to receive feedback, examine

activity and incident data, discuss where there have been difficulties or complaints, respond to any shortcomings and highlight good practice or where the service has worked well. This will be fed into the Local Police and Partners Meetings.

11 Implementation 11.1 This PGN has been reviewed taking into consideration the MHA Code of Practice

(2015), and the multi - agency guidance document. 11.2 This will be monitored locally by the Local Police and Partners liaison groups. The

overall governance will be the Mental Health Act legislation committee. 12 Training/Awareness 12.1 All staff should have an awareness of the Section 135 (1) and (2) of the MHA as part

of the CNTW ‘Mental Health Act Training’. Police and Partners awareness sessions are also available for teams that include the practical elements of the Section 135 (1) and (2) processes.

13 Leaflet Process for Policies 13.1 Any information given to patients needs to be in an accessible format, accurate and

‘branded’ correctly. Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust (the Trust) follows the process around production of this information as outline in the Trust’s policy, CNTW(O)03 – Accessible Information for Patients, Carers and Public.

http://nww1.CNTW.nhs.uk/services/?id=2052&p=2780&sp=1 13.2 Patient Information leaflets will be reviewed every 3 years with the exception to those

documents which are reviewed on an annual basis. However, should there be any changes in legislation or practice; all documents will be reviewed immediately irrespective of review date.

13.3 Patient information leaflets are available electronically and in other languages and

are all linked to the Patient Information Centre website (Appendix 7) 14 Associated Documentation

CNTW(O)21 - Security Management Policy – Practice Guidance Note

o SM-PGN-06 - Police Liaison

CNTW(C)03 - Leave, AWOL and Missing Patient Policy

CNTW(C)05 - Consent Policy

CNTW(C)16 - Prevention and Management of Violence and Aggression

CNTW(C)34 - Mental Capacity Act Policy

o MCA-PGN-02 – Advance Decision to Refuse Treatment/Advance Statements

CNTW(C)47 - Community Treatment Order Policy

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15 References

Mental Health Act 1983 as amended by the Mental Health Act 2007

The RC Psych Report (Standards on the use of Section 136 of the Mental Health Act 1983(2007) September 2008

Mental Health Act 1983 Code of Practice TSO, 2015

Reference Guide to the Mental Health Act 1983 TSO, 2015

Mental Health Act Manual, Richard Jones, seventeenth edition

Mental Capacity Act 2005 Code of Practice, TSO,2007

Guidance for the implementation of changes to police powers and places of safety provisions in the mental health act 1983 (October 2017). Home Office & Department of Health.