The Health Ministry has advised Waitemata District Health Board that it may place mental health patients in police cells, but only as a precursor to being admitted to hospital.
In October, Green Party MP Sue Bradford released a letter written by Auckland Mental Health Services Group general manager Dave Davies to
the director of mental health, David Chaplow.
In the letter Mr Davies said Waitemata DHB recently resorted to detaining mentally ill people in police cells because there were no beds for them.
He was concerned about the legality of the move and asked for the ministry's opinion as to how the situation should be handled.
The ministry's deputy director of mental health, Anthony Duncan, responded by saying police cells could be used, but only in exceptional circumstances.
He said there was "a need to stay within the statutory provisions" of mental health legislation.
"These allow such a detention only as a prelude to admission to hospital, if required," Dr Duncan said in a statement.
"Decisions about a patient need to be made on a clinical basis, within the available resourcing, and informed by an understanding of the legal parameters which apply.
"However in every case decisions need to reflect the clinical interests of that patient."
The ministry had twice sent information to the DHB reminding it of the importance of providing treatment to people with a mental illness "without resorting to the prolonged use of detention in police cells".
The ministry noted the board had since made all practicable effort to resolve the problems.
Mr Davies had said in his letter that staff recognised it was unacceptable clinical treatment practice to detain patients in cells, but the situation had occurred out of "sheer desperation".
The board was left with the choice of discharging unwell patients into the community, possibly resulting in death or harm inflicted on the patient or others, or putting them in police cells.
He was concerned that placing them in police cells could give rise to legal claims of unlawful imprisonment.
Health Minister Annette King said earlier, that when there was a shortage of beds, patients could be sent to other regions.
- NZPA
