Recurring concern
Unsafe operation of Section 136 mental health assessment and detention procedures
- Reports that mention this concern
- 17
- Times this concern has been raised
- 25
- Stated actions linked to this concern
- 41
What this concern includes
Includes failures of dedicated Section 136 procedures, including information-sharing and consultation, understanding or application of powers, assessment and discharge, inter-agency policy coordination, notification, conveyance and place-of-safety arrangements.
What is not included
- Excludes generic mental health service deficiencies not explicitly tied to Section 136 procedures.
- Excludes failures concerning unrelated assessment, consultation or care-planning processes.
- Excludes general police or ambulance training, staffing or communication deficiencies unless they directly concern operation of Section 136 procedures.
- Excludes outcomes or individual clinical errors that do not identify an unsafe Section 136 process or control.
Trends
Reports over time
Reports mentioning this concern, over time
Reports about this concern issued each year.
* 2026 is projected from reports observed to 7 Sep 2026.
Most frequent recipients
Most frequent recipients
Reports about this concern sent to each recipient.
Reports and published responses 17 reports
See individual reports that have raised this concern, and the actions taken in response
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Concerns raised1
Failure to understand the application of section 136 MHA 1980 powers in communal spaces within private accommodation
This report raised 4 other concerns. They are not shown here because they do not form part of this recurring concern.
Linked responses
- College of Policing
- Metropolitan Police Service
Stated actions An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.5
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College of Policing
Review Authorised Professional Practice guidance and consider the report’s concerns in resulting amendments.
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Metropolitan Police Service
Deliver comprehensive training on Mental Health Act sections 135 and 136, including communal-area powers, warrants, and safeguarding.
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Metropolitan Police Service
Issue operational notices clarifying the lawful use of section 136 powers in communal areas.
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Metropolitan Police Service
Embed enhanced supervisory oversight and escalation processes within control-room decision-making.
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Metropolitan Police Service
Continue reinforcing Mental Health Act and Right Care, Right Person training through regular audit and quality assurance.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1
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College of Policing
The Metropolitan Police Service is responsible for addressing operational elements and decision-making processes and is providing the substantive response.
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Concerns raised2
Failure to inform next of kin how to contact the s136 suite and provide further updates
Failure to pass relevant details, including next-of-kin information, to the s136 suite
This report raised 2 other concerns. They are not shown here because they do not form part of this recurring concern.
Linked response
- South Yorkshire Police
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.3
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South Yorkshire Police
After police handover, the NHS trust assumes responsibility for care and appropriate next-of-kin updates.
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South Yorkshire Police
Data protection legislation prevents police contacting an adult’s next of kin about detention without expressed consent.
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South Yorkshire Police
Having complied with data protection legislation, no further action is proposed regarding next-of-kin contact.
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Concerns raised3
Failure within EMAS to ratify, disseminate and implement the relevant s.136 joint agency policy
Lack of police training on communicating s.136 detention decisions and reasons
Lack of joined-up agency policy for s.136 detention and conveyance
This report raised 8 other concerns. They are not shown here because they do not form part of this recurring concern.
Linked responses
- College of Policing
- Department of Health and Social Care
Stated actions An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.2
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College of Policing
Support forces to develop local protocols with partner agencies.
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Department of Health and Social Care
Issue comprehensive guidance on safe conveyance, including health-based vehicle provision and arrangements for section 136 detainees.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.2
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College of Policing
Operational and local partnership concerns are being addressed by Nottinghamshire Police, which is providing the full response.
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Department of Health and Social Care
Agreeing a joint agency policy for section 136 detentions is the responsibility of East Midlands Ambulance Service and the police.
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Concerns raised1
Lack of shared understanding of applicable local policy and working standards for s.136 detention
Linked responses
- East Midlands Ambulance Service NHS Trust
- Nottinghamshire Police
Stated actions An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.6
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East Midlands Ambulance Service NHS Trust
Conduct a retrospective audit of operational memoranda of understanding to verify governance, implementation and alignment, identify safety gaps, and inform corrective actions.
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East Midlands Ambulance Service NHS Trust
Conduct joint fact-finding with Nottinghamshire Police and Nottinghamshire Healthcare NHS Foundation Trust to clarify existing protocols and identify understanding gaps.
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East Midlands Ambulance Service NHS Trust
Lead development of a refreshed joint EMAS conveyance protocol, with consultation and sign-off by regional system partners.
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East Midlands Ambulance Service NHS Trust
Improve internal and external communication of regional policies to promote consistent awareness and application among stakeholders.
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East Midlands Ambulance Service NHS Trust
Co-lead drafting of a joint s.136 conveyance protocol with Nottinghamshire Police, incorporating input from integrated care boards and mental health trusts.
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Nottinghamshire Police
Support EMAS and partners in developing and implementing a new regional mental-health conveyance policy.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.2
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Nottinghamshire Police
The current regional policy and interim internal governance arrangements are considered sufficient to minimise risks until the new regional policy is implemented.
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Nottinghamshire Police
EMAS will lead development of a new regional mental health conveyance policy instead of implementing or refining the existing local multi-agency policy.
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Concerns raised1
Lack of MPS guidance to frontline officers on approaching powers under section 136 of the Mental Health Act
This report raised 4 other concerns. They are not shown here because they do not form part of this recurring concern.
Linked response
- Metropolitan Police Service
Stated actions An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.2
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Metropolitan Police Service
Develop and deliver a bespoke one-day mental-health training package based on policing guidance, legislation, service-user perspectives and scenario-based learning.
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Metropolitan Police Service
Replace the Mental Health Toolkit with an interactive Mental Health SharePoint page containing policing and mental-health guidance and legislative links.
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Concerns raised1
Inadequacy of the Section 136 Suite
This report raised 1 other concern. They are not shown here because they do not form part of this recurring concern.
Linked response
- NHS England
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1
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NHS England
The Cambridgeshire and Peterborough Integrated Care Board is the responsible commissioner for the individual’s care and service development.
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Concerns raised1
Insufficient psychiatric service response capacity out of hours for section 136 usage
This report raised 6 other concerns. They are not shown here because they do not form part of this recurring concern.
Linked responses
- Central and North West London NHS Foundation Trust
- NHS England
Stated actions An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.4
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Central and North West London NHS Foundation Trust
Maintain safer staffing levels and a full liaison psychiatry staff complement at St Mary’s Hospital.
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Central and North West London NHS Foundation Trust
Continue recruiting and retaining staff, monitor recruitment and vacancies, and implement supportive initiatives.
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NHS England
Publish and implement the Long-Term Workforce Plan to train, retain and reform the NHS workforce, including growth in psychiatric care staffing.
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NHS England
Increase mental health nursing training places by 38%.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1
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Central and North West London NHS Foundation Trust
The Trust disputes shortages in psychiatric care provision at its St Mary’s site, stating it maintained safer staffing and a full liaison psychiatry complement.
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Concerns raised1
Unavailability of mental health places of safety
This report raised 8 other concerns. They are not shown here because they do not form part of this recurring concern.
Linked responses
- Birmingham and Solihull Mental Health NHS Foundation Trust
- Department of Health and Social Care
- NHS England
Stated actions An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.1
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Birmingham and Solihull Mental Health NHS Foundation Trust
Work with police to streamline the section 136 process for access to Places of Safety.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.2
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NHS England
Many concerns, particularly those relating to the mental health trust, fall outside the respondent’s remit.
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Department of Health and Social Care
Relevant trusts are responsible for staffing and operating mental health services.
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Concerns raised2
Failure to provide AMHP assessment before discharge from section 136 detention
Ambiguity in guidance on required AMHP assessment under section 136
No linked response statementsNo respondent-stated action or position is linked to these concerns in the published data.
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Concerns raised2
Failure to discuss S. 136 Mental Health Act assessments with relevant police officers and other involved care professionals
Failure to ensure that S. 136 Mental Health Act assessments use full information held by relevant services
No linked response statementsNo respondent-stated action or position is linked to these concerns in the published data.
Actions and positions describe what organisations say in published responses. Implementation is not independently verified.
Data last updated 7 September 2026