Section 136 Mental Health Act and DBS Disclosure

[DBSDilema]

I'm wondering if anyone can advise me on what an employer would see when a basic DBS check was run on someone who, in 2017, was arrested under section 136 of the MH Act.

My daughter was arrested for her own safety following a suicide attempt and was then detained in a secure mental health ward for 4 days.

No criminal act was carried out - the arrest was purely for her own safety.

She is now applying for jobs in the finance industry and may require a basic DBS - would this "arrest" show on the certificate?

At the moment she hasn't declared her MH issues.
She has currently only completed a basic job application form but she has been called forward to the interview selection stage - if she passes this stage she will be asked to complete a health questionnaire.

She is happy to disclose her mental health condition (BPD which was diagnosed approximately 5 months after the section) but doesn't know if the arrest will be shown on the basic DBS.

Any information on this matter would be most welcome.

These links may be useful:

www.mentalhealthtoday.co.uk/new-mental-health-disclosure-guidance-in-dbs-checks-issued-by-home-office

www.mind.org.uk/information-support/legal-rights/working-with-children-and-vulnerable-adults/what-will-show-up/#.W9d65KSnyEc

I'm fairly sure nothing.

A 136 is not a criminal conviction. You aren't charged with anything, therefore no criminal record.

You are being held for your safety until you can be assessed by a relevant health professional.

Thank you for such prompt replies.

The links from lilly are very helpful and effectively confirm what Pawnee has said.

Whilst she isn't planning on hiding her MH condition she is concerned that an arrest on a DBS could be off putting for a future employer especially if they aren't fully aware of MH and how a section 136 works.

Thank you again.

It depends on the level of dbs. A basic dbs will not include it however an enhanced one may... A lot depends on how she acted when she was detained by the police And whether the police feel it is relevant to share the information.

Given she's looking for jobs in the financial industry I'd be surprised if it was an enhanced check since these tend to be used if you're working with vulnerable people (So healthcare teaching etc).

Well officially she was not arrested she was sectioned so not element of criminality was involved she was just brought by the police to a place of safety using section 136.
It shouldn’t be on a DBS.

Thanks again - it would only be basic DBS as she won't be working with children or vulnerable adults.

Your replies have been very helpful.

She will be fine, it won’t show on a DBS. She wasn’t arrested she was sectioned under the MHA so information is related to health not criminal justice.

I had a DBS last year, having in the past had multiple 136s. It was absolutely clear, it didn't show up.

Although s.136s have the same legal rights as an arrest in that sense, it is always recommended that officers don't use the term 'arrest' and no caution needs to be given - it's simply detaining somebody for their own safety.

I have seen some concerns from people that it could show up on enhanced checks at discretion of force involved. But as I say, I have had multiple and they did not show up. And that was for a job role with vulnerable people.

Thank you all for the replies - you have put our minds at rest.
If my daughter ever decides to tell people about that time of her life then it will be her decision - we didn't want her to be "outed" on a DBS.

At the time of the MH Crisis the police probably didn't use the term "arrest" - but it's how I processed it in my head.

My daughter was in a severe MH crisis and, to her mind, being held against her will - we spent around 4 hours in A+E waiting for the MH assessment and them we spent more time whilst they called a meeting to consider whether to section her.

At all times the police were sat with us.

During this time my daughter tried to leave but was told by the police that this wasn't an option for her.

TBH we were very lucky - we had 2 very caring and understanding police officers who could see not only the distress that my daughter was in but also the distress and helplessness that myself and my DH were experiencing. They were very professional but also non-judgemental.

Again thank you to everyone who has replied.

I do a lot of work on DBS related issues and government advice on this has changed recently. Remember that the police still have discretion - it's not a case of just printing everything on the police computer.

New guidelines say that in most cases, being sectioned under the mental health act or being removed to a place of safety shouldn't be disclosed if that's all that happened.

If however the person being removed was violent, armed, assaulted a police officer etc etc then they may decide to disclose it. They may also disclose this sort of thing if it wasn't a one-off.

Agree that MIND is a great source of advice and support with these sorts of issues. Hope your daughter is better now.