Police unlawfully detained suicidal man, but their actions were reasonable, report finds
Tuesday, 20 November 2018
A suicidal man who called Lifeline Aotearoa was unlawfully restrained and kept in a cell by police, but their actions were reasonable in the circumstances, the Independent Police Conduct Authority (IPCA) has found.
The Queenstown man called the mental health helpline in October last year and disclosed a suicide attempt before abruptly ending the call about 11.30pm.
Lifeline contacted police and four officers were sent to the man's rural property.
One officer found the man in a sleepout with the equipment from his suicide attempt nearby, and opened the unlocked door when the man did not respond to knocking.
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The man then launched into a tirade of abuse, the IPCA report says.
'Taking together the [tools used in the suicide attempt], the call to Lifeline, and [the man's] agitated emotional state, [the officer] considered that this was an emergency situation, and that [the man] was at serious risk of harm to himself.'
The man later told the IPCA he felt police forced their way in and made no acknowledgement of him as a human being.
'Because they weren't trying to keep me calm or sort of act in any kind of empathetic way whatsoever, I started to become a bit more agitated,' he said.
Police tried to reason with the man, but he responded with insults and abusive language.
Although it was unlawful o detain the man, the senior officer told the IPCA he was not prepared to walk away from 'a human being, there, that wants to kill themselves'.
The man was handcuffed and put in a police car, which he also resisted.
In the meantime, the night shift supervising sergeant had contacted the Southland Mental Health Emergency Team, but was told the Queenstown-based duly authorised officers (DAOs) would not attend because their service closed at midnight. They said a DAO would be sent from Invercargill, meaning it would be at least three hours before the person could be in Queenstown.
St John arrived at the man's property as police were about to leave, but they decided it would be better for the paramedics to see the man at the Queenstown police station because he was still agitated.
The man was placed in a monitored cell and asked to wear a tear-resistant gown, to prevent self-harm, which he refused. He continued to resist police.
CCTV footage showed St John staff speaking with the man at 12.40am, but their assessment was cut short because of his aggressive behaviour.
The Mental Health Team from Invercargill advised they would not see the man until he had been checked by a doctor following his suicide attempt.
Police took him to Lakes District Hospital at 2.20am, where a doctor cleared him of injury.
The senior police officer considered the man was still a risk to himself and others, so he was taken back to the police station.
'I don't want to be putting people in the police cells because we're criminalising people with mental health and that's not what we're here for, but … in the case of [the man], we had no other options,' the officer told the IPCA.
The Invercargill-based DAOs arrived at 7.45am and were satisfied it was safe to send the man home with his mother.
The IPCA found police did not have legal authority to take the man into custody or keep him at the police station overnight. However, they took steps to ensure the man's immediate safety, and the delay in having him assessed was beyond their control.
Incidents such as this were commonplace and demonstrated the difficulties police faced when dealing with those experiencing a mental health crisis, the IPCA report says.
The Mental Health Act appeared to be written on the assumption that mental health services would be the primary responder, but the reality was different.
'Police are, so to speak, caught between a rock and a hard place.'
Similar incidents would continue to happen unless police were trained to undertake mental health assessments or provided with better support, the report says.
Assistant police commissioner Sandra Venables said mental health was a complex issue that officers around the country faced on daily.
'Police will continue to work closely with mental health crisis teams, and health facilities to provide the best possible response for those in distress,' she said.
WHERE TO GET HELP:
1737, Need to talk? Free call or text 1737 any time for support from a trained counsellor
Lifeline – 0800 543 354 or (09) 5222 999 within Auckland
Youthline – 0800 376 633, free text 234 or email talk@youthline.co.nz or online chat
Rural Support Trust Free call 0800 787 254
Samaritans – 0800 726 666
Suicide Crisis Helpline – 0508 828 865 (0508 TAUTOKO)
What's Up – 0800 942 8787 (for 5–18 year olds). Phone counselling is available Monday to Friday, midday–11pm and weekends, 3pm–11pm. Online chat is available 7pm–10pm daily.
Kidsline – 0800 54 37 54 (0800 kidsline) for young people up to 18 years of age. Open 24/7.
thelowdown.co.nz – or email team@thelowdown.co.nz or free text 5626
Anxiety New Zealand - 0800 ANXIETY (0800 269 4389)
Supporting Families in Mental Illness - 0800 732 825.
Alcoholics Anonymous - 0800 AA WORKS, or aa.org.nz.
Alcohol Drug Helpline - 0800 787 797
Alcohol Anonymous family group - 0508 425 2666
If it is an emergency or you, or someone you know, is at risk call 111.