Section Four National Preventive Mechanism member profiles
common. At the same time, there are also
concerns that the safety, privacy and dignity
of those admitted to dedicated child and
adolescent services may be compromised
given that gender separation in such services
is less observed than in adult services.
A recurring issue relates to the application
of mental health law by the police. Section
136 of the MHA authorises any police officer
to remove a person to a place of safety
if they find that person in a public place,
apparently suffering from mental disorder
and in immediate need of care or control.
Once at the place of safety, the person can
be detained for up to 72 hours to determine
whether hospital admission or another form of
help is required. There has been a significant
increase in the availability of hospital-based
places of safety leading to the less frequent
use of police cells. However, CQC is concerned
at the lack of consistency in the use of section
136 powers, with detention sometimes
appearing to be unlawful (such as the initial
detention taking place in a person’s home
rather than a public place). It is also concerned
that patients are being inadequately assessed
prior to being transferred or discharged from
the place of safety.
Other issues identified by CQC include:
• the failure of some services to involve the
patient in their own assessments and care
planning
• the lack of independent advocates for
detained patients and those subject to
compulsory treatment in the community
• the increasing emphasis on security within
hospitals and the blanket application of
rules which risk infringing the rights of
detainees
• insufficient trained staff in psychiatric
wards resulting in reduced staff-patient
interaction and unnecessarily restrictive
conditions of detention
• the inappropriate use of seclusion.
As part of its wider role in monitoring health
and adult social services in England, CQC has
identified concerns around the ‘deprivation
of liberty safeguards’. These safeguards were
recently introduced to protect those who
are not detained under mental health law
but who lack capacity to consent to care or
treatment that is deemed by others to be in
their best interest. Such care or treatment
may involve depriving a person of their
liberty in either a hospital or a care home.
The safeguards seek to ensure that any
decision to deprive someone of their liberty
is made following defined processes and in
consultation with specific authorities.26 CQC
is concerned that limited use is being made
by services of the deprivation of liberty
safeguards. While reasons for the low uptake
are not yet known, there is a fear that there
may be patients who are de facto detained,
without legal recognition and without the
added protection that the safeguards are
intended to provide. CQC will continue to
monitor this issue in 2010–11.
Looking forward
In an organisation of CQC’s size and broad
scope, there will always be a tension
between the different functions it performs.
In 2010–11, an internal restructuring of
CQC threatens some roles dedicated to the
monitoring of the MHA. A review of visits
to those detained under mental health law
is also underway, although this is designed
to enhance effectiveness. As CQC’s overall
budget comes under pressure it will be a
challenge to maintain its focus on its OPCATrelated work. Nonetheless, in 2010–11, CQC
will continue to visit places of detention and
will publish a report focusing on its monitoring
of the MHA. In the next year, it also intends to
focus on the care and treatment of forensic
patients, that is, those patients who fall within
both the criminal justice and mental health
systems. CQC will also continue to make
available its own experts to deliver training to
other NPMs in Europe.
26 The deprivation of liberty safeguards are set out in the Mental Capacity Act 2005.
33
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