Mental Health Agreements (446A/22)
The Code of Practice attached to the Mental Health Act 1983 states (CoP 16.30) that
Local authorities, NHS commissioners, hospitals, police forces and ambulance services should have local partnership arrangements in place to deal with people experiencing mental health crises.
It also states (CoP 16.31)
It is also important to ensure that a jointly agreed local policy is in place governing all aspects of the use of section 135 and section 136. Good practice depends on a number of factors. For example:
• local authorities, hospitals, NHS commissioners, police forces and ambulance services should ensure that they have a clear and jointly agreed policy for use of the powers under sections 135 and 136, as well as the operation of agreed places of safety within their localities
• all professionals involved in implementation of the powers should understand them and their purpose, the roles and responsibilities of other agencies involved, and follow the local policy
• professionals involved in implementation of the powers should receive the necessary training to be able to carry out fully the role ascribed to their agency
• the parties to the local policy should meet regularly to discuss its effectiveness in the light of experience and review the policy where necessary
- Are you in compliance with the requirements?
- If so, may I please have a copy of any local partnership arrangements and a copy of any agreed local policies?
- When these were last reviewed?
We can confirm that we are in compliance with The Code of Practice attached to the Mental Health Act 1983. Please see attached the Multi-Agency Policy which was agreed in February 2021.
However, while the majority of the information is attached to this email, I am not required to release all of the information requested. Please find attached a redacted copy of the Multi-Agency Policy.
REASONS FOR DECISION
The redacted information is exempt by virtue of the following exemptions:
Section 31(1) – Law enforcement
Section 40(2) – Personal information
These exemptions and explanatory notes are shown here:
In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT attached (446A_PIT).
Section 40(2) is an absolute and class-based exemption if to release the information exists would breach the third party’s data protection rights. In this case to release this personal information would not constitute fair processing of the data. As this exemption is class based I am not required to identify the harm in disclosure and in this instance I believe that the right to privacy outweighs any public interest in release.
Place of Safety S136 Policy MOU Final – dated 17 02 21