Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps are being taken to help ensure that individuals who commit assaults and may require mental health assessment are managed safely; and how the Department is working to prevent them returning to commit further assaults.

Where, due to someone’s mental disorder, an individual poses a risk to others, mental health services have a role to play in identifying and managing that risk, including treating the person’s disorder, maintaining safety whilst the treatment starts to work, for however long this may take, engaging in safeguarding, and multi-agency liaison as required.

Mental health services can only treat individuals who have a diagnosable mental disorder. Where an individual does not have a diagnosable mental health need, mental health services will discharge the individual to their general practice and if other needs are identified, the appropriate multi-agency referrals should be made.

The police have powers under Section 136 of the Mental Health Act to remove someone from, or keep them at, a “place of safety” for the purpose of enabling them to be examined by a registered medical practitioner and to be interviewed by an Approved Mental Health Professional and of making any necessary arrangements for the person’s treatment or care. Police can use this power if a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, and if they think it is necessary in the interests of that person or for the protection of others. Arrangements for the person's treatment of care can include an application to detain for assessment or treatment under the Mental Health Act, or for ongoing community mental health support.

People in prison and on remand may be also detained under Part 3 of the Mental Health Act where they meet the relevant threshold for detention, which allows them to be diverted to hospital for treatment instead of prison.