The detention of people under section 136 in hospitals (but not police stations) falls within the remit of the Mental Health Act Commission (MHAC) to keep under review the operation of the Mental Health Act. As a result of the Health and Social Care Act that role will pass to the Care Quality Commission (CQC) the new single, integrated regulator for health and adult social care. CQC is intended to operate from April 2009.
The IPCC has recommended that CQC be responsible for analysing and publishing annual data on the use of section 136 and the outcomes for the people involved, to see whether it is being used appropriately by the police. We are aiming to meet with ACPO and the CQC early in the new year to determine whether we can integrate the recording of all persons detained under section 136 to give effect to the IPCC recommendation.