One of His Majesty’s Coroners in south Wales has recently indicated his intention to issue a Preventing Future Deaths report following the inquest after the death of Mr Leighton Dickens in October 2020.
Mr Dickens died in his own home after contact with South Wales Police which led the jury to conclude there was a missed opportunity to intervene and detain him under s136 of the Mental Health Act. On the 14th October, Mr Dickens’s partner, Rhiannon Williams rang 999 in the middle of the night whilst travelling home after he began pulling at the steering wheel and handbrake of their moving vehicle. When the police arrived, they found Mr Dickens wearing only a dressing gown, without shoes and with obvious signs of self-injury.
The officers attended the Emergency Department at the University Hospital in Cardiff where Mr Dickens became argumentative, asking repeatedly if he was under arrest. Based on media coverage, I infer this was in connection with him stating he wanted to leave, although that is not made explicit. Having taken advice from their sergeant, it was stated the officers concluded that Mr Dickens was at “a place of safety”. It’s difficult to tell whether this suggested they believed s136 powers were not available to them or that it signified something else in their thinking. Irrespective, the officers suggested Mr Dickens walk home. I admit to feeling surprised, given the way in which he was described to be dressed, in particular that he had no shoes.
Ms Williams drove him home but she stated she did not feel safe to go in with him. Still fearful for his safety, she rang the police again to say she was “leaving there not knowing if the next person that walks in there is going to find him dead.” Officers forced entry to the flat later that morning where Mr Dickens was found dead but the jury could not ascertain whether his intention was to end his life. They unanimously found there had been a missed opportunity to prevent his death by detaining him under the Mental Health Act.
PLACE OF SAFETY
There has always been debate about whether an Emergency Department is a “Place of Safety”, either in law or in practice. I’m also aware the particular Emergency Department at the University Hospital, Wales has stated they take a different position on that question to other EDs and the Welsh Assembly government when that question was raised as the 2017 legal amendments to the MHA were being made. That particular debate actually needn’t really concern us here for one straight-forward, unarguable reason: Mr Dickens was not detained under the Mental Health Act by the police, so there was no need to choose a Place of Safety and nowhere was acting as one.
The legal concept of a Place of Safety only becomes relevant after police officers have detained someone under s136 or s135(1) MHA. It’s quite pointless talking about a “Place of Safety” for anyone who is under arrest for an offence or someone who is not detained at all, like Mr Dickens. I mentioned above I wondered whether this mistaken belief contributed to any view about use of the power under s136 being impossible — it’s worth noting there is nothing in law which prevents the use of s136 MHA where someone who is already in a building which could be used as a Place of Safety once the power is enacted.
This is made clear in section 136(1) itself —
136 – (1) If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—
(a) remove the person to a place of safety within the meaning of section 135, or
(b) if the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety.
The bold text, which I added to emphasise the point I’m making, shows the provision contemplates use of the power in a location which could act as Place of Safety. Nothing obliges the officers to remain at that location but it is an option, where appropriate or they can remove the person elsewhere, if preferred.
For the avoidance of any doubt: s136 MHA may be used in any location that is not a dwelling. The word ‘dwelling’ is the one I use for shorthand: the MHA states “house, flat or room where that person or another lives”, ans well as yards, gardens, garages and outhouses connected to those dwellings.
MISSED OPPORTUNITY
Mr Dickens’s family stated, “We strongly believe that Leighton should have been detained in order to safeguard him. It was very clear from the evidence that we have heard over the last two weeks that Leighton was suffering a mental health crisis. We believe there were multiple failures to recognise Leighton as being at an acute risk of danger. After hearing the officer’s oral evidence the approach taken by the police saddens us deeply as we feel there was a serious lack of empathy towards Leighton and he was failed by the institutional bodies you would expect to safeguard you in times of need and support.”
Acknowledging the jury’s finding of a missed opportunity, South Wales Police issued a response pointing out there had been a Professional Standards investigation and a further review of their conclusion by the Independent Officer for Police Conduct. The force said, “The police’s powers to detain a person lawfully for mental health assessment are limited and the decision for officers on whether to detain someone under the Mental Health Act 1983 presents complicated, nuanced, legal and factual considerations.”
Based purely on reading the article, I had to wonder how complicated it was: Mr Dickens was encountered having attempted to interfere with a motor vehicle whilst it was moving, prompting a 999 call whilst he was in nothing other than a dressing gown whilst showing signs of self-injury. Having assisted him to an Emergency Department, it seems he was intent on leaving whilst still in distress and his partner was sufficiently concerned contact the police again to express fears for his life.
NB – the Coroner’s PFD notice was published promptly and is now available to read. I think it is interest for some unexpected reasons and I will blog about this when I can find the time.
Winner of the President’s Medal,
the Royal College of Psychiatrists.
Winner of the Mind Digital Media Award
All opinions expressed are my own – they do not represent the views of any organisation.
(c) Michael Brown, 2023
I try to keep this blog up to date, but inevitably over time, amendments to the law as well as court rulings and other findings from inquests and complaints processes mean it is difficult to ensure all the articles and pages remain current. Please ensure you check all legal issues in particular and take appropriate professional advice where necessary.
Government legislation website – www.legislation.gov.uk
Mental Health Cop 