A NEW facility which is meant to provide a “place of safety” for Islanders detained due to mental health concerns is being used for drunk people instead, a health report has said.
The Article 36 suite opened in September 2024 following a £10.7m redevelopment of mental health ward Clinique Pinel.
This suite offers a “place of safety” where patients detained under Jersey’s mental health law can be held for up to 72 hours to receive crisis care and assessments.
But a report, written by the Quality, Safety and Improvement Committee and due to be presented to the Health Advisory Board this week, revealed “concerns around its use for intoxicated individuals”.
The concerns emerged following a six-month assurance report on mental health and capacity legislation, which highlighted “increased use” of the Article 36 suite.
“Improvements were noted in detention paperwork accuracy,” the report said, but “legislative changes are underway to support emergency applications and clarify legal responsibilities”.
The report added that a close watch is being kept on how often restrictive measures, like limiting someone’s freedom, and long-term detentions are used. Regular audits are in place to make sure these are handled properly.
It also identified a “rising demand” for Significant Restrictions on Liberty (SRoLs), which are a safeguard for people in Jersey who lack capacity to consent to the arrangements for their care and treatment in some settings.
This increased demand for SRoLs is stretching the system that handles these legal assessments, according to the report.
The report recommended “continued auditing and legislative development to strengthen governance and safeguard patient rights”.
It comes just one month after the States of Jersey Police annual report praised the Article 36 suite for significantly reducing the average amount of time officers spend taking Islanders facing a mental-health crisis to a place of safety from seven hours to three-and-a-half hours.
The annual report also revealed that the “effective use” of the Mental Health Triage Team has seen a year-on-year increase from 15% in 2022, to 24% in 2023, and 27% in 2024.
“This has meant that the number of mental health incidents police attend has reduced by 13% from 982 to 797,” it said.
“In addition to this was a 9% reduction in the number of Article 36 detentions over the same period.”
The number of mental health-related incidents requiring police intervention previously decreased from 2022 to 2023 by 34%.
What is Article 36?
Article 36 of Jersey’s Mental Health Law allows a police officer to remove a person from a public place if the officer believes that the person is suffering from a mental disorder and is in immediate need of care or control.
A person removed to a place of safety under this Article could be detained for up to 72 hours to determine if any other arrangements are necessary for the person’s care or treatment.
