A lawyer in our police compensation team looks at police treatment of people with mental health issues.
Poor mental health has been an increasing concern in the UK for people of all ages. But it doesn’t just affect us. The World Health Organisation noted a 25% increase in depression and anxiety following on from the Covid-19 pandemic, with approximately 8 million deaths each year being attributable to mental health disorders worldwide.
The Office for Health and Improvement Disparities shows between 2018 – 2020, there were 80,182 deaths of people suffering with severe mental illnesses such as PTSD, psychosis and schizophrenia which could have been prevented.
This has led to the spotlight being turned on police treatment of people with mental health issues.
Due to an underfunded mental health system, the police frequently attempt to assist individuals who are in a mental health crisis. This is despite only 2% of the public believing it is the police’s responsibility to respond to calls concerning mental health, according to a study by the Home Office.
Police officers are not appropriately trained to deal with individuals in crisis and this often means people are not getting the help they require. The Police Federation has described the mental health training provided to the police as ‘woefully inadequate’. Lack of understanding from officers can negatively impact their response in these times of crisis and can leave individuals with severe or even fatal injuries.
March 2022 saw the introduction of ‘Seni’s Law’ (The Mental Health Units (Use of Force) Act 2018) which sought to increase protection for individuals against disproportionate or inappropriate use of force within mental health settings. This legislation requires police officers who are assisting with patients in mental health units to wear a body worn video camera. These necessary changes in legislation were as a result of a 23 year old man losing his life following prolonged restraint used by Metropolitan police officers whilst in hospital.
Other incidents involving police treatment of people with mental health issues include:
- A 27 year old female suffering with acute schizophrenia was detained by police whilst experiencing a psychotic episode. From this, she sustained permanent scarring to her wrists caused by handcuffs.
- Channel 4’s documentary ‘To Catch a Copper’ saw two police officers arrest and use PAVA spray on a female who was suffering from a mental health episode and feeling suicidal.
- In 2023, Greater Manchester Police dismissed an officer who tasered a man who was suffering from mental health difficulties and had already been handcuffed, out of frustration.
- Officers from Devon and Cornwall police used an emergency response belt as a ‘spit and bite hood’ on a male with paranoid schizophrenia who was experiencing a mental health crisis at the time. The man suffered a cardiac arrest and a brain injury before passing away a week later. The jury were unable to conclude that the belt itself caused his death, but the prolonged use of the belt may have contributed to it. Furthermore, the force was fined £234,500 for breaching health and safety laws.
The black community is particularly vulnerable. Statistics from the Home Office showed that there has been a rise in incidents involving police officers using force against black individuals within mental health units. Data suggests that whilst cases of restraint used on black patients is rising, restraint used on white inpatients had decreased by 19%.
While police officers can use force in order to lawfully arrest an individual or prevent crime, their actions must be proportionate and justifiable. Where officers misuse their powers, they can be subject to gross misconduct proceedings and a claim for compensation.
If you require legal guidance on police treatment of people with mental health issues and, in particular, if you would like to know where you stand on claiming compensation, please contact our free legal helpline for a case assessment and details of No Win, No Fee funding.