The article by Patrick Keown ^{Reference Keown1} was a timely contribution to discussions currently taking place about the use of Section 136 between the Royal College of Psychiatrists, Home Office, Department of Health, Police, Health and Social Care Information Centre, and Care Quality Commission. A major and long-standing problem in understanding the trends in the use of this power has been the failure to collect complete information on the use of Section 136, as the author points out, referring to data collected in 2005-2006. We would like to draw attention to more recent data collected in 2011-2012: these show a dramatic increase in rates of detention under Section 136 − 43% in 6 years, from 16 500 to 23 569. ² Although the number taken to custody suites has fallen from 11 500 (2005-2006) to 8667 (2011-2012), this figure still far exceeds the anticipated number if custody suites were used in ‘exceptional circumstances only’, as described in the Mental Health Act 1983 Code of Practice, ³ and reiterated in the Royal College of Psychiatrists’ guidance. ⁴

In 2012, the Association of Chief Police Officers (ACPO) collected information on the use of Section 136 in all 43 police areas and discovered that 37% of those detained under Section 136 continue to go to a custody suite, although this varies between force areas. Despite approximately £130 million of capital funding having been made available for Section 136 suites 7 years ago, there are several police forces in England that still do not have access to hospital places of safety 24 hours a day and/or when demand exceeds capacity. This unacceptable variability in provision is clearly a commissioning issue and in March this year the College produced guidance for local commissioners in order to help identify shortfalls in local service provision. ⁴

The multi-agency Mental Health Act group chaired by the College is collecting more detailed information on local services and would be delighted to receive completed surveys (www.rcpsych.ac.uk/pdf/PS02_2013_survey.pdf) from members to inform further discussions.