PFD report

Deborah Margaret LAMONT · Prevention of Future Deaths report

Pin Get email alerts Request correction

Issued 20 Jan 2020•South Wales Central

Report record

Published report and response evidence

This page connects the concerns raised in this report with statements found in recipients’ published responses. A link shows a clear evidence connection; it does not assign responsibility.

View original report
Concerns
1

Raised in this report

Recipients
2

Named on the report

Responses found
2

Of 2 recipients

Stated actions
7

Described in responses

Source document

Full report text

This is the full text from the original published report.

Open published report

Concerns and recipient responses

Select any concern, action or position to view the source wording.

Report evidence summary

Concerns raised1

  1. Lack of specific guidance on classification of hotel rooms under the s136(1A) exception
    Part of recurring concern: Unsafe operation of Section 136 mental health assessment and detention procedures
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 recipient says it has done, is doing, or plans to do in response to a concern raised.7

  1. Action

    Fully consider the use of hotel rooms and section 136 under the Mental Health Act as an interim force safety issue.

    Stated by South Wales PoliceStated plannedThe respondent said that this action was planned when they made their response on 8 February 2020.
  2. Action

    Include a specific note on hotel rooms and section 136 within force training.

    Stated by South Wales PoliceStated plannedThe respondent said that this action was planned when they made their response on 8 February 2020.
  3. Action

    Add a specific note on hotel rooms and section 136 to force guidance.

    Stated by South Wales PoliceStated plannedThe respondent said that this action was planned when they made their response on 8 February 2020.

Respondent positions A position is what a recipient says about a concern when it does not describe a specific action.2

  1. Position

    Further national guidance or legislative amendment on section 136 and hotel rooms is assigned to the Home Office and College of Policing.

    Stated by South Wales PoliceRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Lack of specific guidance on classification of hotel rooms under the s136(1A) exception

Wider context from the report

“Regard was had during the Inquest as to the Department of Health Guidance to the changes to the MHA 1983, published in October 2017. No specific guidance as to the classification of a hotel room for the purposes of whether that falls within the exception in s136 (1A) is provided. Whilst it is accepted, both by myself, & in the Guidance, as above, that there will always be some degree of discretion for a police officer to exercise in relation to the interpretation of whether a person is living in a hotel room, the evidence here was that DL had booked into the room for one night & had no more than a bare licence to occupy it (which would contrast with, for example, an individual or family temporarily housed in a hotel room by a local authority, or a care home resident occupying indefinitely a room in a care home). Hence, based upon the evidence I received, and my interpretation (in these particular circumstances) of whether a hotel room came within s136 (1A) MHA, I found it likely that ████████ did have the power to remove DL to a place of safety My concern is that faced with a similar situation (albeit in circumstances were the officer did consider a person was suffering from mental disorder and requiring of immediate care, or control), an officer may reach the same conclusion as ████████ determine the power to remove did not exist, and this may lead to a risk of death to that individual. ”

Is this part of a recurring concern?

Yes — Unsafe operation of Section 136 mental health assessment and detention procedures.

Open source report

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Fully consider the use of hotel rooms and section 136 under the Mental Health Act as an interim force safety issue.

Verbatim wording from the response

“The Chief Constable has also asked that this issue is fully considered by the Force Mental health lead in the intervening period and the use of hotel rooms and s.136 is subject of a specific note upon force guidance and within training. This will be the interim position until such time as the Home Office and/or College of Policing offer the additional guidance and/or legislative amendment etc.”

Source location

2020-0008-Response-from-the-Chief-Constable-of-South-Wales_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Include a specific note on hotel rooms and section 136 within force training.

Verbatim wording from the response

“The Chief Constable has also asked that this issue is fully considered by the Force Mental health lead in the intervening period and the use of hotel rooms and s.136 is subject of a specific note upon force guidance and within training. This will be the interim position until such time as the Home Office and/or College of Policing offer the additional guidance and/or legislative amendment etc.”

Source location

2020-0008-Response-from-the-Chief-Constable-of-South-Wales_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Add a specific note on hotel rooms and section 136 to force guidance.

Verbatim wording from the response

“The Chief Constable has also asked that this issue is fully considered by the Force Mental health lead in the intervening period and the use of hotel rooms and s.136 is subject of a specific note upon force guidance and within training. This will be the interim position until such time as the Home Office and/or College of Policing offer the additional guidance and/or legislative amendment etc.”

Source location

2020-0008-Response-from-the-Chief-Constable-of-South-Wales_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Work with the Home Office to assess whether national guidance on section 136 and hotel rooms requires relevant changes.

Verbatim wording from the response

“In summary, I share your view that s136 was an available option in this instance but there is no legal basis to mandate this. I am therefore going to be amending the College guidance in respect of the use of s136 powers and will ask that a summary of this issue is circulated to all police force mental health leads across England and Wales so that they can ensure that their officers consider the use of s136 in similar circumstances. The College has already raised the issue with the Home Office and we will work together to assess the need for relevant changes to the current national guidance in relation to the use of s136 and hotel rooms. The College will keep forces appraised of developments.”

Source location

2020-0008-Response-from-the-College-of-Police_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Amend College guidance on using section 136 powers in hotel rooms.

Verbatim wording from the response

“In summary, I share your view that s136 was an available option in this instance but there is no legal basis to mandate this. I am therefore going to be amending the College guidance in respect of the use of s136 powers and will ask that a summary of this issue is circulated to all police force mental health leads across England and Wales so that they can ensure that their officers consider the use of s136 in similar circumstances. The College has already raised the issue with the Home Office and we will work together to assess the need for relevant changes to the current national guidance in relation to the use of s136 and hotel rooms. The College will keep forces appraised of developments.”

Source location

2020-0008-Response-from-the-College-of-Police_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Circulate a summary of the hotel-room section 136 issue to police force mental health leads across England and Wales.

Verbatim wording from the response

“In summary, I share your view that s136 was an available option in this instance but there is no legal basis to mandate this. I am therefore going to be amending the College guidance in respect of the use of s136 powers and will ask that a summary of this issue is circulated to all police force mental health leads across England and Wales so that they can ensure that their officers consider the use of s136 in similar circumstances. The College has already raised the issue with the Home Office and we will work together to assess the need for relevant changes to the current national guidance in relation to the use of s136 and hotel rooms. The College will keep forces appraised of developments.”

Source location

2020-0008-Response-from-the-College-of-Police_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Keep police forces informed of developments concerning section 136 use in hotel rooms.

Verbatim wording from the response

“In summary, I share your view that s136 was an available option in this instance but there is no legal basis to mandate this. I am therefore going to be amending the College guidance in respect of the use of s136 powers and will ask that a summary of this issue is circulated to all police force mental health leads across England and Wales so that they can ensure that their officers consider the use of s136 in similar circumstances. The College has already raised the issue with the Home Office and we will work together to assess the need for relevant changes to the current national guidance in relation to the use of s136 and hotel rooms. The College will keep forces appraised of developments.”

Source location

2020-0008-Response-from-the-College-of-Police_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Further national guidance or legislative amendment on section 136 and hotel rooms is assigned to the Home Office and College of Policing.

Verbatim wording from the response

“The Chief Constable notes that the College will circulate a summary of this issue to all police force mental health leads across England and Wales so that they can ensure that their officers consider the use of s136 in similar circumstances. It is noted that in addition, the College has raised the issue with the Home Office and will work together to assess the need for relevant changes to the current national guidance (APP) in relation to the use of s136 and hotel rooms. The College will ensure that all Forces are kept appraised of developments.”

Source location

2020-0008-Response-from-the-Chief-Constable-of-South-Wales_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Use of section 136 in hotel rooms cannot be mandated because there is no legal basis; officers must assess each case individually.

Verbatim wording from the response

“As this is a matter of law, the College has sought its own legal advice to assist in providing this response. The advice received agreed with your assessment that someone ‘living’ in a room implies that the person normally resides in that place and is not there temporarily. There are no definitions provided within the legislation and no stated cases that assist in providing clarification. Consequently, the use of s136 in these circumstances is a subjective one and requiring individual assessment and interpretation. In other words, the use of s136 in the case of Deborah Lamont could have been a consideration.”

Source location

2020-0008-Response-from-the-College-of-Police_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Other statements in published responses

These actions and other statements could not be clearly connected to one concern in this report.

Recipient positions A position is what a recipient says about a concern when they do not describe a specific action.2

  1. 1

    The officer’s assessment was reasonable because the grounds to remove the person under section 136 did not exist at that time.

    Stated by South Wales PoliceDisputes the concernThe respondent disagreed with part of the concern or the basis for it.
  2. 2

    There is no legal basis to mandate use of section 136 in these circumstances.

    Stated by South Wales PoliceUnable to actThe respondent said that a constraint prevented them from taking the relevant action.

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

The officer’s assessment was reasonable because the grounds to remove the person under section 136 did not exist at that time.

Verbatim wording from the response

“The Chief Constable also notes that whilst you interpreted s.136 as likely to afford the officer the power to remove Dr Lamont on the night in question, his [the officers] assessment of Dr Lamont was a reasonable one and the grounds to remove her did not exist [at that time] as she was not in immediate need of care or control.”

Source location

2020-0008-Response-from-the-Chief-Constable-of-South-Wales_Redacted
Page 2 · response
Published 8 February 2020

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

There is no legal basis to mandate use of section 136 in these circumstances.

Verbatim wording from the response

“We note that the College of Policing has sought its own legal advice to assist in the provision of a response and have shared your view that s.136 was an available option in this instance but there is no legal basis to mandate this.”

Source location

2020-0008-Response-from-the-Chief-Constable-of-South-Wales_Redacted
Page 2 · response
Published 8 February 2020

Open published response
Back to top

Information checked against the published report and official responses · Data reviewed 7 Sep 2026 · About data quality and limitations

Official responses located
2/2

Data last updated 7 September 2026