Unqualified use of the Mental Health Act.

Pat James made this Freedom of Information request to Home Office This request has been closed to new correspondence. Contact us if you think it should be reopened.

Waiting for an internal review by Home Office of their handling of this request.

Dear Home Office, in respect of Section 136 of the Mental Health Act:
136 Mentally disordered persons found in public places.

(1)If a constable finds in a place to which the public have access a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety within the meaning of section 135 above.

(2)A person removed to a place of safety under this section may be detained there for a period not exceeding 72 hours for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an approved mental health professional] and of making any necessary arrangements for his treatment or care.

(3)A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

(4)A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of the period of 72 hours mentioned in that subsection.

What qualifies a constable to take decisions regarding the mental health of a member of the public, and how is this not a breach of human rights.

This is a particularly important request in the context that police forces are unlawfully detaining innocent members of the public by use of this Act.

Yours faithfully,

Pat James

Dear Home Office, pleas pass this request to the unit who conduct revies as you have not made a response in the legislated time frame.

Yours faithfully,

Pat James

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

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References

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2. mailto:[email address]

Dear FOI Requests, you have now failed to provide any reasonable response save an acknowledgement, which is a breach of the Act.

Yours sincerely,

Pat James

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Unqualified use of the Mental Health Act.'.

You have failes to provide a response to my request within the legislated time period.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/u...

Yours faithfully,

Pat James

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Unqualified use of the Mental Health Act.'.

You have failes to provide a response to my request within the legislated time period.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/u...

Yours faithfully,

Pat James

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

Dear FOI Requests, isn't it about time you concluded your review?

Yours sincerely,

Pat James

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

Brook Adrian (IMS), Home Office

1 Attachment

Dear Mr James

 

We understand from the Information Commissioner’s Office (ICO) that you
have not received a response to your letter of 31 October 2015.  The
attached response was sent on 3 March but, clearly, was not received.  I
am therefore re-sending it.

 

Sincerely

 

Adrian Brook

Information Rights Team

Knowledge and Information Management Unit

Performance and Risk Directorate

 

Home Office | 4th Floor | Peel Building | 2 Marsham Street | London SW1P
4DF

Tel: 020 7035 1022

[1][email address]

 

~~~Need help with your information? Visit the new [2]Manage information
pages on Horizon ~~~

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]
2. http://horizon.gws.gsi.gov.uk/portal/sit...

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Unqualified use of the Mental Health Act.'.

Your belated response in no way satisfies the requirements of my request, it merely repeats unqualified remarks.

Furthermore, there is no record of any previous correspondence in this matter on the What do they know website,

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/u...

Yours faithfully,

Pat James

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

If you have a general immigration enquiry, or require an update on a
specific case, you should contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

Brook Adrian (IMS), Home Office

1 Attachment

Dear Mr James

 

Please see the attached response to your request of 20 April for an
internal review.

 

Sincerely

 

Adrian Brook

Information Rights Team

Knowledge and Information Management Unit

Performance and Risk Directorate

 

Home Office | 4th Floor | Peel Building | 2 Marsham Street | London SW1P
4DF

Tel: 020 7035 1022

[1][email address]

 

~~~Need help with your information? Visit the new [2]Manage information
pages on Horizon ~~~

 

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://horizon.gws.gsi.gov.uk/portal/sit...

Dear Brook Adrian (IMS),
In regard of your two previous responses to my valid freedom of information request, repeated herein:
Original request:
From: Pat James

31 October 2015
Dear Home Office, in respect of Section 136 of the Mental Health Act:
136 Mentally disordered persons found in public places.
(1)If a constable finds in a place to which the public have access a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety within the meaning of section 135 above.
(2)A person removed to a place of safety under this section may be detained there for a period not exceeding 72 hours for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an approved mental health professional] and of making any necessary arrangements for his treatment or care.
(3)A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.
(4)A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of the period of 72 hours mentioned in that subsection.
What qualifies a constable to take decisions regarding the mental health of a member of the public, and how is this not a breach of human rights.
This is a particularly important request in the context that police forces are unlawfully detaining innocent members of the public by use of this Act.
Yours faithfully,
Pat James

Initial Response: (delayed)
3 March 2016
Reference: T1894/16
Dear Mr James,
Thank you for your letter of 31 October 2015 about police powers under section 136 of the Mental Health Act 1983. I am sorry for the delay in responding.
Section 136 provides police officers with powers to remove a person who they believe to be suffering from a mental disorder and is in immediate need of care or control from a public place to a place of safety for the purposes of a mental health assessment.
Often the person involved poses a risk of harm to themselves or others and the police have a duty to keep the public safe. Once the person has been taken to a place of safety, the assessment itself and any decisions on follow-up care for the patient are the responsibility of an Approved Mental Health Practitioner and a doctor with appropriate experience.
The police are not health professionals. However, it is important that they have an awareness of mental health issues so that they recognise the warning signs and use their section 136 powers when it is necessary.
The College of Policing is reviewing the training and guidance available to police officers on their duties in relation to mental health. Moreover, many local areas are operating mental health triage schemes through which mental health nurses provide support and advice to the police when they are responding to people at the point of crisis. Initial signs indicate that triage-type approaches are reducing unnecessary use of section 136 in those areas. The Policing and Crime Bill, which was introduced to Parliament on 10 February, seeks to strengthen this work by including a provision that will require police officers to consult a mental health professional before taking the decision to detain a person under section 136, if practicable. I hope this reassures you that it is lawful and appropriate for the police to use powers under the Mental Health Act in order to ensure that people in mental health crisis get the care and support they need from health professionals.
Yours sincerely,
Ben Bryant
Email: [email address]

Review Response
Dear Mr James
I am responding to your e-mail of 20 April, in which you ask for an internal review of the Home Office response to your request of 31 October 2015 about police powers in relation to the mental health of a member of the public. I have considered the way the original request was handled and the Home Office response dated 3 March 2016. I confirm that I was not involved in the handling of your original request, other than to re-send the response on 20 April. Delay in responding The original request was received on 31 October 2015. A decision was taken to handle it outside the Freedom of Information Act (FOIA), because it was more in the nature of a general inquiry rather than a request for recorded information which the Home Office would hold. Had the request been handled under FOIA, the strictly correct response might well have been that no information was held.
The decision to handle the request outside the FOIA was in my view correct, but a response should still have been sent within 20 working days. I understand that a response was prepared and ready to send by 3 March 2016, well beyond the 20-day deadline. The delay was then compounded by the fact that, although the response was sent on 3 March, it was not received by ‘WhatDoTheyKnow’. This seems to have been because a letter was omitted from the e-mail address, so it did not reach its destination. Following the intervention of the Information Commissioner’s Office, the response was re-sent on 20 April. The Home Office accepts that the delay in responding to the original request of 31 October 2015 was unacceptable and fell short of the standards which the Home Office expects in responding to correspondence from members of the public, whether under the FOIA or not. Once again I apologise on behalf of the Home Office for the delay.
The content of the response You maintain in your request for an internal review that the response dated 3 March ‘in no way satisfies the requirements of my request’. Your request was as follows: 2
What qualifies a constable to take decisions regarding the mental health of a member of the public, and how is this not a breach of human rights.
The response explained the powers provided by section 136 of the Mental Health Act 1983. This was in my view an appropriate way of answering the main question posed in the request. The response also explained about a review of the training and guidance available to police officers on their duties in relation to mental health and about mental health triage schemes.
The letter dated 3 March was a correct and proper response to the request, except to the extent that it did not specifically address your point about human rights. The relevant policy area in the Home Office has provided some additional information on this point, as follows. Article 5 of the European Convention on Human Rights (repeated in Schedule 1 to the Human Rights Act 1998) provides that no one shall be deprived of his or her liberty save in accordance with procedures prescribed in law and in defined circumstances. Such circumstances specifically include the lawful detention of persons of ‘unsound mind’. Section 136 of the Mental Health Act sets out the circumstances in which the police may detain an individual believed to be experiencing mental ill health and the reply dated 3 March described the assistance available to officers in reaching such judgements. Section 136 is an emergency power, providing a mechanism for police officers to take action to make a vulnerable person safe and assist them in accessing emergency assessment. Anyone detained in this way who wishes to challenge that detention or their treatment may make a complaint directly to the police force concerned, contact the Independent Police Complaints Commission or apply to the courts. We have now provided a full response to your request and this completes the internal review process by the Home Office. If you remain dissatisfied with the response to your request, you have the right of complaint to the Information Commissioner at the following address: The Information Commissioner Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF
Yours sincerely Adrian Brook
Information Rights Team
First let me state that I am appalled by the information contained within your review in regard of my perfectly valid freedom of information request was not being handled as such, and the fact that the Home Office chose not to reveal this until the post review stage is both dishonest and a breach of the Act.
Your responses revolve around legislative arrangements which purport to give ‘power’ , however, nowhere within the legislation does it give ‘authority’. It is an obvious failing within the Home Office, that there is little or no understanding of the difference between power and authority. To demonstrate; I have the power to Kill, but no one an authorise me to kill, as it is against all natural law.
You continue to ignore my points regarding psychological qualification of any police constable to make assumptions of the mental capacity of another. This is an identified major failure within police practices, which has led to innumerable deaths in custody.
I find the handling of this matter, with its obfuscation, delay and triteness, unacceptable, and the findings of your review are rejected as they are based on false assumptions and failures of understanding.

Yours sincerely,

Pat James

Dear Brook Adrian (IMS), I write to remind you that an honest ant true response to my FOI request remains outstanding as all information supplied thus far is irrelevant.

Yours sincerely,

Pat James

Brook Adrian (IMS), Home Office

I am out of the office until Tuesday 19 July and will deal with your
e-mail on my return. Your e-mail has not been forwarded.

Dear Home Office, you state that you have conducted a review into the handling of my request. I fail to understand how you have accomplished this when I have yet to receive a response to my request. The review was made on the grounds of not receiving a response in the appropriate timescale and not some fictitious content which was never sent.

Yours faithfully,

Pat James

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Unqualified use of the Mental Health Act.'.

You have failed to respond in this matter.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/u...

Yours faithfully,

Pat James

FOI Requests, Home Office

Pat James,

 

Thank you for your e-mail of 15 November.

 

A response to your request was re-sent on 20 April and was received on
‘WhatDoTheyKnow’.  An internal review of that response was sent on 1 June
and, again, was received on ‘WhatDoTheyKnow’.  The internal review
explained that if you remained dissatisfied it was open to you to pursue a
complaint with the Information Commissioner. The internal Home Office
consideration of your request is complete and we have nothing further to
add.

 

Thank you,

 

P. Zebedee

FOI Requests

Home Office

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