First reported 15 Apr 2014•Latest report 13 Mar 2025
Definition
What this concern includes
Includes failures of the Mental Health Act assessment process, including suitably qualified first-instance assessment, prompt progression of recommendations, and appropriate action on recommendations to consider detention.
Not included
Excludes generic delays or clinical assessment failures not explicitly connected to Mental Health Act assessment.
Excludes unrelated referral, assessment, staffing, training, or communication deficiencies.
Excludes failures concerning other statutory or specialist assessments unless they are directly part of the Mental Health Act assessment process.
Reports
29
Distinct published reports
Individual concerns
33
A report can raise multiple concerns
Date range
2014–2025
First to latest report issue date
Stated actions
82
Described in published responses
Reports over time
Reports 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.
Department of Health and Social Care6
Birmingham City Council5
NHS England5
Birmingham and Solihull Mental Health NHS Foundation Trust4
Greater Manchester Mental Health NHS Foundation Trust4
Care Quality Commission3
Birmingham Women'S and Children'S NHS Foundation Trust2
East London NHS Foundation Trust2
Home Office2
Metropolitan Police Service2
Ministry of Justice2
NHS Birmingham and Solihull Integrated Care Board2
North London NHS Foundation Trust2
Oxleas NHS Foundation Trust2
Walsall Borough Council2
NHS trust25
Ministerial department7
English metropolitan district council6
Executive non-departmental public body5
Police force5
Integrated care board4
Type not available4
Health and social care service regulator3
English county council2
Independent healthcare provider2
London borough council2
Clinical commissioning group1
Domiciliary care provider1
English unitary authority1
Healthcare site1
Concerns and responses across reports
Only concerns grouped under this recurring concern are included. Select any concern, action or position to view the source wording.
Bedfordshire and Luton
Concerns raised1
Failure to provide AMHP assessment before discharge from section 136 detention
This report raised 1 other concern. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
No linked response statements
No respondent-stated action or position is linked to these concerns in the published data.
East Sussex
Concerns raised1
Lack of timely access to patient data for independent clinicians conducting Mental Health Act assessments
This report raised 3 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.2
Action
Introduce dynamic risk assessment requirements, supervision safeguards, and access to current risk and clinical information through updated assessment forms and internal publication.
Stated by East Sussex County CouncilStated completedThe respondent said that this action was complete when they made their response on 28 June 2021.
Action
Identify difficulties in established processes for accessing and sharing relevant patient information with MHA Assessors.
Stated by Sussex Partnership NHS Foundation TrustStated plannedThe respondent said that this action was planned when they made their response on 28 June 2021.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1
Position
Established electronic, verbal and hard-copy information-sharing routes, supported by a 24-hour crisis team, provide access to relevant patient information.
Stated by Sussex Partnership NHS Foundation TrustExisting arrangements considered sufficientThe respondent said that existing arrangements were sufficient, so no further action was needed.
East London
Concerns raised1
Delays of 14 days in securing mental health act assessments
This report raised 5 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.3
Action
Liaise with local-authority partners to address delays in community Mental Health Act assessments.
Stated by North London NHS Foundation TrustStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Monitor community Mental Health Act assessment waiting times through the Mental Health Law Committee under the CQC action plan.
Stated by North London NHS Foundation TrustStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Update policies and procedures guiding police preparation and planning of section 135 Mental Health Act warrants.
Stated by Metropolitan Police ServiceStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.4
Position
Local organisations, including police, local authorities and NHS services, are responsible for systems ensuring Section 135 actions occur swiftly.
Stated by Department of Health and Social CareRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
Mental Health Act assessments are coordinated and carried out by the Local Authority’s AMHP service, not the Trust.
Stated by North London NHS Foundation TrustRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
The relevant Mental Health Trust must explain delays in securing Mental Health Act warrants because the warrant application process is not conducted by police.
Stated by Metropolitan Police ServiceRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
Local Authorities are responsible for arranging Mental Health Act assessments and ensuring sufficient Approved Mental Health Professionals are available.
Stated by Metropolitan Police ServiceRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Manchester West
Concerns raised1
Failure to recognise when to seek senior opinions about Mental Health Act section 5(2) detention criteria
This report raised 6 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
No linked response statements
No respondent-stated action or position is linked to these concerns in the published data.
Birmingham and Solihull
Concerns raised2
Delays in organising timely mental health assessments
Failure to place patients on the recommended Mental Health Act section
This report raised 3 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.8
Action
Increase AMHP staffing and provide additional staffing capacity when the duty AMHP requires assistance.
Stated by Walsall Borough CouncilStated completedThe respondent said that this action was complete when they made their response on 1 November 2019.
Action
Provide AMHP on-call assistance to support the duty AMHP whenever needed.
Stated by Walsall Borough CouncilStated completedThe respondent said that this action was complete when they made their response on 1 November 2019.
Action
Provide a manager on duty or on call at all times to assist staff.
Stated by Walsall Borough CouncilStated completedThe respondent said that this action was complete when they made their response on 1 November 2019.
Action
Develop a procedure requiring Walsall hospitals to notify the Council promptly when any patient may require assessment.
Stated by Walsall Borough CouncilStated in progressThe respondent said that this action was in progress when they made their response on 1 November 2019.
Action
Develop a procedure to monitor assessments undertaken by other authorities and trigger Walsall action when delays appear likely.
Stated by Walsall Borough CouncilStated in progressThe respondent said that this action was in progress when they made their response on 1 November 2019.
Action
Develop a procedure for staff to request information promptly from other authorities and NHS services when Walsall assessment may be required.
Stated by Walsall Borough CouncilStated in progressThe respondent said that this action was in progress when they made their response on 1 November 2019.
Action
Develop cross-agency practices for assessing patients from other authorities, including arrangements with neighbouring authorities.
Stated by Walsall Borough CouncilStated in progressThe respondent said that this action was in progress when they made their response on 1 November 2019.
Action
Develop a procedure ensuring assessments are completed promptly and staff assistance is provided when necessary.
Stated by Walsall Borough CouncilStated plannedThe respondent said that this action was planned when they made their response on 1 November 2019.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.3
Position
Delays in arranging assessment, detention choice and Walsall Council’s investigation were matters for the other identified bodies to address.
Stated by Priory GroupRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
Walsall Council disputes that it should have known about the detention or assessment need before being contacted by another authority.
Stated by Walsall Borough CouncilDisputes the concernThe respondent disagreed with part of the concern or the basis for it.
Position
Birmingham City Council, as the patient’s home authority, was responsible for arranging the assessment and initially agreed to undertake it.
Stated by Walsall Borough CouncilRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Birmingham and Solihull
Concerns raised1
Unavailability of approved Mental Health practitioners for Mental Health Act assessments
This report raised 1 other concern. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.3
Action
Review the current AMHP service-delivery model to improve AMHP availability.
Stated by Birmingham City CouncilStated in progressThe respondent said that this action was in progress when they made their response on 18 October 2019.
Action
Review the improvement plan addressing system-wide issues affecting AMHP services.
Stated by Birmingham City CouncilStated completedThe respondent said that this action was complete when they made their response on 18 October 2019.
Action
Hold a workshop with the Mental Health Trust and AMHP service to improve joint working.
Stated by Birmingham City CouncilStated plannedThe respondent said that this action was planned when they made their response on 18 October 2019.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.3
Position
The Coroner stated that completing the requested mental health assessment would not have changed the outcome.
Stated by Birmingham City CouncilDisputes the concernThe respondent disagreed with part of the concern or the basis for it.
Position
Existing referral screening and prioritisation treated hospital patients as in a place of safety, prioritising community and police-custody cases.
Stated by Birmingham City CouncilExisting arrangements considered sufficientThe respondent said that existing arrangements were sufficient, so no further action was needed.
Position
Assessment times depend on partner-agency resources, which the AMHP coordinates but lacks authority to prioritise.
Stated by Birmingham City CouncilRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Black Country
Concerns raised1
Failure to coordinate multidisciplinary review and mental health act assessment when considering hospital admission
This report raised 4 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
No linked response statements
No respondent-stated action or position is linked to these concerns in the published data.
Suffolk
Concerns raised1
Failure to undertake a formal mental health act assessment
This report raised 4 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1
Position
The response does not identify a stage requiring mental health legislation assessment; engagement with offered care supported least restrictive treatment.
Stated by Norfolk and Suffolk NHS Foundation TrustDisputes the concernThe respondent disagreed with part of the concern or the basis for it.
Manchester West
Concerns raised1
Sub-optimal Mental Health Act assessment performance
This report raised 8 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
No linked response statements
No respondent-stated action or position is linked to these concerns in the published data.
Milton Keynes
Concerns raised1
Failure to complete a full Mental Health Act assessment by a psychiatrist before discharge
This report raised 2 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
No linked response statements
No respondent-stated action or position is linked to these concerns in the published data.