Leading health and social care organisations have issued a stark warning that proposed changes to mental health legislation could endanger both patients and professionals. The changes, currently included in a revised draft of the Mental Health Bill, would allow NHS staff — including nurses and doctors — to detain and restrain individuals experiencing a mental health crisis without police presence.
In a joint statement, the Royal College of Psychiatrists, Royal College of Nursing, Association of Ambulance Chief Executives, and Association of Directors of Adult Social Services expressed “grave concerns” over the plan. They argue that granting police-style powers to health professionals sets a “dangerous precedent” and could have “significant harmful consequences”.
The alarm comes in response to a proposed amendment, backed in the House of Lords, which would see police powers of detention in mental health incidents extended to non-police personnel. The amendment was tabled by Conservative peer Lord Kamall during debates on updating mental health legislation, a process that saw the Government suffer several defeats in the upper chamber in March.
Despite the Government’s stated opposition, the amendment was passed. Health Minister Baroness Merron told peers the Government did not support “extending police powers in this way”, but the House opted to adopt the Conservative proposal regardless.
The changes mean that, in certain circumstances, health professionals could detain individuals in crisis in public places or even at home, previously a role exclusively carried out by the police. While intended to alleviate strain on police resources — especially amid concerns that officers are too often called to respond to mental health emergencies — critics say the move risks undermining safety and clinical care.
“This is misleading,” the joint statement read, referencing the claim that police are not needed where there is no perceived risk. “Instances of detentions under the Mental Health Act where there is no risk are almost non-existent. It also negates the fact that the mere presence of uniformed officers can ensure that an otherwise risky situation remains contained and safe.”
The organisations also expressed concern that such powers would jeopardise the “therapeutic relationship” between NHS staff and patients. Forcing healthcare professionals to act as law enforcers, they argue, could deter vulnerable people from seeking help and make it harder for staff to deliver effective care.
Moreover, they point out that the proposals have not been piloted or tested with frontline professionals, nor have they been discussed in consultation with patients.
Dr Lade Smith, President of the Royal College of Psychiatrists, said: “Delegating police powers to health professionals would not be within the spirit of the Mental Health Act reforms. It is well known that, at times, people experiencing a mental health crisis cannot be safely reached and supported without police involvement. Doing this without adequate consultation or safeguards risks increasing harm, especially for people from marginalised backgrounds.”
More Read
She added that while both mental health services and police forces are under pressure, handing over responsibility without structural support is not the answer. “It is vital that we work together to develop better, collaborative responses to mental health crises.”
The Department of Health and Social Care responded with a statement acknowledging the complexity of the issue and thanking stakeholders for their engagement. A spokesperson said: “Extending police powers to other professionals would represent a major shift in the roles and responsibilities of health and care staff. It could add further strain to an already stretched NHS and may damage the trust between patients and clinicians.”
The Department said it would continue to review the proposed changes and work with stakeholders to ensure any decisions prioritise safety and uphold the integrity of patient care.
As debates around mental health reform continue, the growing consensus among frontline professionals is clear: effective, safe intervention in a crisis must be a coordinated effort — not one in which clinical staff are expected to fill the role of law enforcement.
