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Anti-Social Behaviour, Crime and Policing Act 2014 and Mental Health

L Langley made this Freedom of Information request to Cleveland Police

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Dear Cleveland Police,

1) Do the Cleveland Police have any type of guidance/policy/procedure/protocol/pathway etc regarding “Acceptable Behaviour Contracts” (ABCs)? (including, but not limited to, an ABC template, when why and how ABCs can be used, indications for suggesting an ABC, organisations the Cleveland Police work in partnership with to enforce ABCs etc.)

If so, please provide any and all such documents.

2) Do the Cleveland Police record how many people in its constabulary are subject to an Acceptable Behaviour Contract for mental health related behaviour? (e.g., public suicide attempts)

If so, please provide figures in whatever format seems most appropriate.

3) Do the Cleveland Police record how many people in its constabulary are subject to the powers of the Anti-Social Behaviour, Crime and Policing Act 2014 for mental health related behaviour? (e.g., public suicide attempts)

If so, please provide figures in whatever format seems most appropriate.

4) Do the Cleveland Police have any type of guidance/policy/procedure/protocol/pathway etc regarding charging people with public order offences for mental health related behaviour? (e.g., If a police officer detains an individual under Section 136 of the Mental Health Act because they were threatening to jump from a motorway bridge, and then decides to arrest them for causing a public nuisance, how is that decision made? Do officers need to first speak with mental health services, or can they make that decision based on their own judgement? etc)

If such guidance/policy/procedure/protocol/pathway exists, please provide it.

Yours faithfully,

L Langley

Freedom of Information, Cleveland Police

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Freedom of Information, Cleveland Police

Dear Mr Langley,

Enquiry Ref: 12844/2021

I acknowledge receipt of your request for information dated 15th April 2021 and received by this office on that date.

As set out by the Freedom of Information Act it will be our aim to respond to your request within 20 working days that is by 14th May 2021. In some cases, however, we may be unable to achieve this deadline and would hope to contact you should this be the case.

Although every effort will be made to ensure a response is provided within statutory deadlines, due to current circumstances delays may be unavoidable. We apologise for any inconvenience and will endeavour to process your request as quickly as is practicable.

Please note the ‘working day’ is defined as any day other than a Saturday, a Sunday, or a day which is a bank holiday in any part of the United Kingdom. The first reckonable day is the first working day after receipt.

If you have any questions regarding your request please contact this office.

Yours sincerely,

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

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“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

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Freedom of Information, Cleveland Police

Dear L Langley,

Enquiry Ref: 12844/2021

I write in connection with your request for information dated 15th April 2021 and received by this office on that date. Please accept our sincere apologies for the delay in replying, your patience is appreciated.
Below are the questions raised in your request and our response?

1) Do the Cleveland Police have any type of guidance/policy/procedure/protocol/pathway etc regarding “Acceptable Behaviour Contracts” (ABCs)? (including, but not limited to, an ABC template, when why and how ABCs can be used, indications for suggesting an ABC, organisations the Cleveland Police work in partnership with to enforce ABCs etc.)
If so, please provide any and all such documents.
a) We do not have any policies in regards to ABC’s these are issued by the Local Councils and they will hold the information.

2) Do the Cleveland Police record how many people in its constabulary are subject to an Acceptable Behaviour Contract for mental health related behaviour? (e.g., public suicide attempts)
If so, please provide figures in whatever format seems most appropriate.
a) No information held.

3) Do the Cleveland Police record how many people in its constabulary are subject to the powers of the Anti-Social Behaviour, Crime and Policing Act 2014 for mental health related behaviour?
(e.g., public suicide attempts)
If so, please provide figures in whatever format seems most appropriate.
a) Yes however they are recorded against the individual’s name and not on a separate record.

4) Do the Cleveland Police have any type of guidance/policy/procedure/protocol/pathway etc regarding charging people with public order offences for mental health related behaviour? (e.g.,
If such guidance/policy/procedure/protocol/pathway exists, please provide it.
a) No information held. We have no policies/guidance regarding this question
If a police officer detains an individual under Section 136 of the Mental Health Act because they were threatening to jump from a motorway bridge, and then decides to arrest them for causing a public nuisance, how is that decision made? Do officers need to first speak with mental health services, or can they make that decision based on their own judgement? etc)
The above is not valid under section 8 of FOIA which is for the provision of recorded data and the above asking for opinion i.e. how an officer make the decision to arrest a person for causing a public nuisance.

The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.

Yours sincerely

Ms E McGuigan
Freedom of Information Decision Maker
Directorate of Standards and Ethics
Cleveland Community Safety Hub | 1 Cliffland Way | Hemlington | TS8 9GL
E-mail: [email address]

Website | Facebook | Twitter | Instagram | LinkedIn

       
Public Service | Transparency | Impartiality | Integrity

“Delivering outstanding policing for our communities”

Please do not use social media or email to report crime as we do not monitor these accounts 24/7. Dial 999 in an emergency or visit the contact us section of our website for all reporting options.

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are L Langley please sign in and let everyone know.