BASW backs AMHP Leads Network speaking out on 'deeply troubling' change to Mental Health Bill

The vote, which was lost by the Government, requires an amendment to be made to the Bill which may introduce a new category of ‘authorised person’ and would ‘remove the need for the presence of police at mental health incidents in the absence of any risk’. 

‘Authorised’ persons ‘means a medical practitioner, approved mental health professional, mental health nurse or doctor, or a person of description specified in regulations made by the Secretary of State, who have been trained and equipped to carry out detentions under this Act without being put at unnecessary risk.

Speaking for the Conservative Party, Lord Kamall made the case that the ‘the statutory demand for the police to be the primary responders to incidents of mental health where there is an immediate risk to life or serious injury’ should be removed.

Responding for the government, Baroness Merron stated, 

‘Extending these legal powers currently held by the police to other professionals would represent a major shift in roles and responsibilities for health and care professionals. It would place significant additional pressures on the NHS and potentially lead to staff, patient and public safety issues which mental health and urgent and emergency care leads have already raised significant concerns about.’

The AMHP Leads Network, representing the Approved Mental Health Professionals of England and Wales has criticised the change, a position supported by the British Association of Social Workers.

AMHP Leads Network Co-Chair Kirsten Bingham expressed grave concerns: 

‘The proposal is deeply troubling and will have disastrous unintended consequences for both individuals in crisis and those responding to mental health emergencies.  As the key decision maker under the Mental Health Act 1983, we strongly urge the House of Commons, to reject this amendment.

‘While we recognise the immense pressures faced by Police services, we also acknowledge that mental health crises in the community are becoming increasingly acute and almost never occur without some level of risk. The expertise, skills and equipment of the police remain essential for safely reaching individuals in crisis – especially where they may be in immediate danger to themselves, pose a risk to others, or face a threat from others. 

AMHP Leads Network Co-Chair Dominic Marley added:

‘We also need to be very careful about setting mental health professionals up to fail.  You can’t expect an AMHP or other professional to build rapport, conduct a thorough mental health assessment, and explore the least restrictive options – right after using a power of arrest to forcibly remove a person from a public place to a place of safety.  This amendment risks placing health and social care staff in unsafe situations that they are neither trained nor equipped to handle, ultimately undermining their ability to build trust and provide the necessary support to those in crisis’.

The AMHP Leads Network and BASW are seeking an urgent meeting with Baroness Merron and the Bill Team at the Department of Health and Social Care to discuss these concerns further.