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Extending police powers to NHS staff could cause 'significant harm', experts warn

Queen Elizabeth Hospital in King's Lynn in Norfolk
Queen Elizabeth Hospital in King's Lynn in Norfolk. Picture: Alamy
Rose Morelli

By Rose Morelli

Several leading health organisations have warned against plans that could extend police powers to detain mental health patients in England and Wales to NHS staff.

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In a joint statement, the Royal College of Nursing, the Royal College of Psychiatrists and other groups say they have “grave concerns” about the idea.

The proposal, put forward by Conservative shadow Health Minister Lord Kamall, comes amid a series of defeats for the new Mental Health Bill currently making its way through the House of Lords.

Labour Health Minister Baroness Merron told peers the government did not support the proposal, but the Lords backed it - meaning the draft legislation has been changed.

The changes would mean detainment powers could be transferred to NHS staff or other professionals to detain and restrain people in crisis, public spaces or at home.

These powers are normally reserved only for police officers.

Read More: NHS to open more ‘mental health A&Es’ to relieve pressure on hospitals

Read More: Hundreds of thousands of children with special needs in England face losing right to extra school support

Health Secretary Wes Streeting said the current Mental Health Act was "outdated"
Health Secretary Wes Streeting said the current Mental Health Act was "outdated". Picture: Getty

In a joint statement, the health organisations say that would set a “dangerous precedent” which not only puts people at risk but also damaged the “therapeutic relationship” with a patient.

They argue the police play a “crucial” safeguarding role that “medical practitioners cannot perform” - and could have the “double-effect” of preventing care, where patients don’t seek help for fear of being forcibly detained.

Dr Lade Smith, president of the Royal College of Psychiatrists, said delegating police powers to health professionals “would not be within the spirit” of the proposed reforms to the Mental Health Act.

The Department of Health and Social Care has also warned the changes would place extra burden on the already strained NHS.

“Extending police powers to other professionals would represent a major shift in the roles, responsibilities and practice for health and care staff,” a spokesperson said.

Lord Kamall proposed the changes amid a series of defeats to the Bill in the House of Lords
Lord Kamall proposed the changes amid a series of defeats to the Bill in the House of Lords. Picture: Getty

The new Mental Health Bill was promised in Labour’s 2024 manifesto, pledging to “modernise” the current Mental Health Act - which was passed in 1983.

Health Secretary Wes Streeting commented that the current Act “has saved lives… but is hugely outdated”.

The new Bill mostly legislates for how someone can be detained or “sectioned” in England and Wales - and plans to end the use of police cells and prisons as “places of safety”, as well as stopping the “unnecessary detention” of people with learning disabilities.

There was an effort by the previous Conservative government to modernise the Mental Health Act, but it wasn’t brought to Parliament before the 2024 election.

Among those who have signed the joint statement are:

– Association of Ambulance Chief Executives (AACE)

– Association of Directors of Adult Social Services (ADASS)

– Approved Mental Health Professional (AMHP) Leads Network

– British Association of Social Workers (BASW)

– British Medical Association (BMA)

– College of Paramedics

– Royal College of Emergency Medicine (RCEM)

– Royal College of Nursing (RCN)

– Royal College of Psychiatrists (RCPsych)