Section 136 -- FOI data from SLAM

Data obtained under FOI from South London and Maudsley NHS Foundation Trust, June 2026


What This Data Shows

I recently obtained data from South London and Maudsley NHS Foundation Trust (SLaM) under the Freedom of Information Act regarding the Maudsley Hospital Place of Safety.

The data covers three financial years: 2022–23, 2023–24, and 2024–25. I’m sharing it here for professional discussion on what the figures reveal about systemic pressures in inpatient mental health provision.


The Headline Table

Metric 2022–23 2023–24 2024–25 Trend
S136 arrivals 588 545 525 ↓ −10.7%
Detained under Section 2 330 (56.1%) 316 (58.0%) 310 (59.0%) Stable
Stayed past S136 expiry (“breached”) 326 356 348
Breach rate (% of arrivals) 55.4% 65.3% 66.3% ↑ +10.9 pts
Average wait beyond expiry 62.2 hrs (2.6 days) 67.8 hrs (2.8 days) 78.6 hrs (3.3 days) ↑ +26%
Longest single wait 189 hrs (7.9 days) 325 hrs (13.5 days) 756 hrs (31.5 days)
Total hours of unlawful detention 20,261 24,124 27,337 ↑ +35%

All figures sourced from the Trust’s FOI response. Where numbers are fewer than 5, the Trust has suppressed them under Section 40(2) of the FOIA to prevent identification.


Three Things That Stand Out

1. The Paradox: Fewer Arrivals, More Getting Stuck

S136 arrivals fell by 10.7% over the period. Yet the proportion of those arrivals who end up “breached” — held beyond the 24-hour legal limit while waiting for an inpatient bed — rose from 55% to 66%. In 2024–25, two out of every three people brought to the Place of Safety were detained beyond the statutory maximum.

This strongly suggests the bottleneck is not demand-side (police bringing people in) but supply-side: the Trust has progressively less inpatient capacity available to receive people from the PoS.

2. The Average Wait Is Now Over 3 Days — and the Worst Cases Are Shocking

The average post-expiry wait increased by 26% in two years, from 2.6 days to 3.3 days. But the extremes tell an even starker story:

  • 2022–23: longest wait was 189 hours (7.9 days)
  • 2023–24: longest wait was 325 hours (13.5 days)
  • 2024–25: one person waited 756 hours — 31.5 days

That individual spent over a full calendar month in a facility legally designated for 24 hours. In the time they were held, a patient admitted under Section 2 would have completed and exceeded the entire 28-day assessment period — without having been admitted to a ward at all.

Across three years, the total is 71,722 hours of detention without statutory authority.

3. The Place of Safety Is Overwhelmingly a Gateway to Section 2 — and That’s Where the Blockage Is

Section 3 admissions (treatment detention) directly from the PoS are negligible — the Trust’s figures are almost entirely suppressed as “<5”, with only about 10 identifiable cases across three years. The PoS feeds almost exclusively into Section 2 assessment beds. The people waiting days or weeks are waiting for an assessment bed, not a longer-term treatment bed. This raises pointed questions about why assessment capacity is so constrained.


The Granular Data: A “Hockey Stick” Distribution

The Trust provided a detailed table of wait times by hour for breached patients. The pattern is a reverse-J: a dense cluster at 24–72 hours, thinning into a long tail that is visibly lengthening year on year.

Wait Band 2022–23 2023–24 2024–25
24–35 hrs (1–1.5 days) ~52 ~53 ~52
36–71 hrs (1.5–3 days) ~120 ~142 ~128
72–119 hrs (3–5 days) ~95 ~106 ~108
120+ hrs (5+ days) ~59 ~55 ~60

The absolute numbers in each band haven’t shifted dramatically — which means the rising average is driven by the tail getting more extreme, not by more people crossing the short-to-medium threshold. Notably, a cluster at the 120-hour (5-day) mark has emerged: only 1 patient in 2022–23, but 9 patients by 2024–25. This may reflect a systemic “holding pattern” — perhaps the point at which weekend admissions clear or escalation procedures finally unlock a bed.


Legal and Ethical Context

Every hour beyond the 24-hour S136 limit is a deprivation of liberty without statutory authority. These are individuals in acute crisis, held in what is typically a clinical assessment space not designed or staffed for extended stays — potentially without access to outdoor space, meaningful activity, or the full range of inpatient care. The 71,722 hours accrued across three years represent both a significant legal exposure for the Trust and a profound human impact.

The case of the individual held for 31.5 days warrants particular scrutiny. Article 5 (right to liberty) is plainly engaged.


Questions for Discussion

I’d welcome colleagues’ thoughts on:

  1. What’s driving the bed shortage? Blocked discharge pathways? Reduced commissioned capacity? Workforce constraints? Are others seeing similar patterns in their own Trusts?

  2. What levers exist? Have any ICBs or Trusts successfully reversed a worsening breach trend? What worked?

  3. The CQC dimension. Should these figures — particularly the 31.5-day case — be notifiable safety incidents? Has anyone seen CQC engage meaningfully on S136 breaches?

  4. Accountability. At what point does a breach rate of 66% trigger formal intervention?

  5. The legal risk. Has anyone been involved in or aware of litigation arising from extended S136 detention?


Data source: FOI Response from South London and Maudsley NHS Foundation Trust, ref: Clement Olusoji, Corporate Information Governance Officer, 30 June 2026. All figures drawn from the Trust’s response tables.

Firstly, superb data - I’m intruiged to see this level of detail on the breaches, as I haven’t seen that from an NHS source before, only estimates from the police side. Secondly, would you object to me using this on my blog, with credit to you and sourced to the FOI you made?

Finally, I was tempted to get busy on my theories about why the breaches are increasing in duration and frequency, but regardless of the answer, it’s on the NHS side so it’s out of my lane really. Can only say from an adjecant lane looking across, the NHS seems hell bent on reducing inpatient beds regardless of anything else and this is just piling pressure on the timeliness of admissions and that in turn, comes back to commissioners who - in my own experience of them - rarely understand s136/s140, human rights law or make it prominent in their thinking.

Good work - well done!

In my opinion the need for beds, is a consequence of a lack of funding in alternative options to admissions and this working against the patient on both ends of the spectrum. There is a poverty of access to preventative measures and a poverty of options of support alternatives to admission. Impacting discharges from wards, no suitable accommodation, no support network on discharge etc, discharge delayed, no beds on wards.

I am really interested in response to who or how people can access support to challenge the detention on s136 when its extended. I have previously queried this and how patients can access advocacy to challenge this, but to no avail.

This is both very interesting and disturbing! It would be interesting to know how many applications were made in this cases to the High Court for Inherent Jurisdiction in accordance with Surrey Police v PC and others [2024]

CQC is certainly aware of the problems with the places of safety at SLAM. Its “well-led” assessment report from February this year noted (referring back to inspection visits carried out in June 2025):

CQC informed the trust that we were considering whether to use our powers pursuant to the urgent procedure (for suspension, or imposition or variation or removal of conditions of registration) under Section 31 of the Health and Social Act 2008. This was due to concerns we identified during our visit to the health-based place of safety and our visit to the community-based mental health services for adults of working age at Lambeth Single Point of Access team. The trust provided a detailed action plan to address the concerns, so no further action was taken.

Hospitals should not wait until a bed in a ward is available before using s2 (or s3). The law does not say you can only be detained in what a hospital chooses to call a ward - but it does say you mustn’t be detained without a proper legal basis. Reasons I’ve heard for not using s2/3 in places of safety generally sound to me like instances of putting administrative convenience ahead of both patients’ interests and the law.

It wouldn’t, of course, necessarily do much (if anything) to improve patients’ experiences. But it would at least give them access to some legal rights they are currently missing out on.

Many thanks for your interest. But there is a bigger plan. So I hope you can hold on that. I don’t want this to sound like a ‘trial by social media’ of SLAM or any one organisation. The issue is a national one. See National Nightmares: s136(2A) and s136B time limits

Some may recall that I failed to get data from ICBs because they do not hold or keep such data. What’s happening in the background is that my alternative strategy is coming together.

I came across someone who is a highly intelligent researcher not in psychiatry - who has a big interest in this topic. We’re planning to construct a new template for FOIA requests on the S136 issues and send out to every Trust (or Board) in England & Wales.

So far AI assisted searches has brought up:
England: 48 mental health-sector NHS trusts.
Wales: 7 Local Health Boards covering mental health.
I do not know as yet if that is accurate.

I’m asking for volunteers to join the effort. We divide up the work. If we have a group of 4 or 5 (so three more people needed), then we can collaborate and send out. In say within a week of finalising the template of questions. Then we wait approximately 20 days for results.

My co-researcher and I will be responsible for data analysis. The data will be shared among 5 as well as all analysis for clarity and accuracy checks.

So then we will have a really big picture of the national situation analysed by geographic area etc. You’d get good graphical data and tables etc. This could become paper for publication in a reputable journal. Those who assist in development, distribution of FOIA requests (electronically) from WhatDoTheyKnow website, and write up, will be co-authors.

Those willing to join the effort will need to be familiar with use of OneDrive for collaborative work (No special IT skills required. If no volunteers, we’ll proceed anyway in the next week. But that may mean a bit of a longer wait for the national picture.