Arrests under Mental Health Act since 2020 (FOI)

Request

Hi there,

I hope this email finds you well.

Please could I request the following information Under the Freedom of Information Act:

For each of the last four calendar years (2019, 2022, 2023, and 2024) could you please provide me with:

1. the number of individual arrests under sections 136 and 137 of the Mental Health Act;

2. the number of individual arrests of children, being under 18-years-old, under sections 136 and 137 of the Mental Health Act;

3. the number of individual instances when a police offer was physically harmed by someone whilst making an arrest or looking after someone under sections 136 and 137 of the Mental Health Act; 

4. the number of individual instances of someone self-harming whilst in your custody; and

5. the number of individual instances of someone ending their life whilst in your custody.

Please could you provide this information by email, preferably in a spreadsheet.

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.

Thanks so much,

Clarification request

You ask for the last four calendar years, (which we would interpret as 2021, 2022, 2023 and 2024) but request 2019, 2022, 2023 and 2024. Please advise which option you require information for.

Clarification response

Thank you for your email and for highlighting the need for clarification regarding the time period in my Freedom of Information request.

To confirm, I would like the information to cover the calendar years 2021, 2022, 2023, and 2024 as listed. I hope this resolves the ambiguity in my request.

Response

Health and Community Services contribution

1 and 2

Jersey is a self-governing jurisdiction with its own laws. Article 36 of Mental Health (Jersey) Law 2016 is equivalent to Section 136 of the Mental Health Act. There is no equivalent to Section 137 of the Mental Health Act in Mental Health (Jersey) Law 2016.

Data on detentions under Article 36 of Mental Health (Jersey) Law 2016 for the period from January 2021 to December 2022, including demographic information showing the number of under 18s detained, are available at the following link:

https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20MHL%20Annual%20Report%202021-2022.pdf​

As this information is available elsewhere, Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied.

In 2023, there were 57 detentions under Article 36 of Mental Health (Jersey) Law 2016, of which 8 were for individuals aged under 18. Figures relate to instances of detention, not unique individuals; some people (including those aged under 18) may have been detained more than once.

From January 2024 to November 2024 (inclusive), there were 50 detentions under Article 36 of Mental Health (Jersey) Law 2016, of which 15 were for individuals aged under 18. Figures relate to instances of detention, not unique individuals; some people (including those aged under 18) may have been detained more than once.

States of Jersey Police contribution

Article Applied

Article 23      Information accessible to applicant by other means

(1)     Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2)     A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information​.