Too many people suffering from mental disorders are being locked up in police custody rather than being protected in hospitals, a joint inspection has found.
Police have powers to take individuals suffering from mental health issues in a public place to a "place of safety" for their protection - but guidance states that in all but "exceptional" circumstances this should be in a hospital or health location.
More than 9,000 people in 2011/12 were taken into police custody using powers under section 136 of the Mental Health Act, a joint report by HM Inspectorates of Constabulary and Prisons, the Care Quality Commission, and the Healthcare Inspectorate Wales said. This is "clearly not an exceptional use of the power", the inspectors added.
Some of the most common reasons given for holding these individuals in police custody were insufficient staff and the absence of available beds at a health-based place of safety. Speaking on behalf of all inspectors, Her Majesty's Inspector of Constabulary Drusilla Sharpling said: "This report finds that too many people are being detained in police custody under section 136. Their only 'crime' is that they have mental disorders, but they are treated in many ways as if they are criminals. This deplorable situation cannot be allowed to continue."
In the vast majority - 81% - of the 70 cases examined as part of the inspection, the reason for detention was that the person had either attempted suicide or self-harm, or indicated that they were thinking of doing so. People detained in police custody under section 136 are subject to the same processes and procedures - and kept in the same style of cell - as those arrested for crimes, the inspectors said.
Police custody cells are not designed to support the needs of detainees with mental health disorders but the inspection found these detainees spend an average of 10 hours and 32 minutes in custody. The law allows them to be detained for up to 72 hours, without review, while those arrested for a crime can only be held for a maximum of 24 hours.
Police and crime commissioners (PCCs) welcomed the inspectors' report. The Association of PCCs, which represents all 41 of the commissioners in England and Wales, said: "PCCs support the HMIC call that resources are put in place by commissioners of health, mental health and social services to ensure that people detained under section 136 are assessed quickly in a health-based setting."
A Home Office spokesman: "We agree that it is unacceptable for people with mental health problems to be kept in police cells. As the Home Secretary said in her speech to the Police Federation, we are already working on a range of measures to ensure that people with mental health problems get the care they need. These include providing suitable places of safety in every local area and piloting street triage services where mental health nurses accompany police officers to incidents."
Marjorie Wallace, chief executive of the mental health charity Sane, said: "The failure to fund psychiatric services so that they are able to respond to people in mental crisis is unfair on both the person who urgently needs care not confinement and the police themselves, who are being forced to pick up the pieces when there is nowhere to take a disturbed person, or who have to wait too many hours for a crisis team."
College of Policing chief executive Chief Constable Alex Marshall said: "People suffering from mental health issues who need to be taken to a place of safety are too often ending up in police custody suites because we are more often than not the service of last resort. It is crucial that those officers who have people detained under section 136 are properly trained and that those in their care get the right help as soon as practicable. Custody officers do receive specific training around mental health in custody, that includes regular updates incorporating any new learning from professionals within the health sector."