What Does Section 135 Entail?
Section 135 grants law enforcement the authority to enter your residence and escort you to, or retain you at, a secure location for a mental health evaluation. This could mean keeping you within your own home.
To do this, the police must obtain a warrant from a magistrate's court. An approved mental health professional (AMHP) must apply for this warrant, which can be issued if there's reasonable evidence to suggest that you :
- Suffer from a mental health condition, and
- Are either being mistreated or neglected, or
- Cannot adequately care for yourself.
The police must be accompanied by both an AMHP and a certified medical doctor.
You can be held at the secure location for up to 24 hours, extendable by another 12 hours if an assessment couldn't be completed within the initial timeframe.
The clock starts ticking either when you arrive at the secure location or when the police first arrive if you're not relocated.
What Is Section 136?
Section 136 enables the police to take you to, or keep you at, a secure location without needing a warrant if :
- You seem to have a mental health issue, AND
- You are found in a location other than a private residence, garden, or garage that is exclusively accessible to one household, AND
- You require "immediate care or control" (i.e., the police believe it's essential for your safety or that of others).
Before invoking Section 136, the police must consult with a certified medical doctor, nurse, AMHP, occupational therapist, or paramedic.
The duration for which you can be held is the same as under Section 135.
What Constitutes a 'Place of Safety'?
A 'place of safety' could be :
- A hospital
- A care facility
- A police station
- Your own or someone else's private space
- Any other appropriate location where the manager consents.
Your own home can only serve as a 'place of safety' if you and any cohabitants agree.
The same applies to someone else's home.
A police station can only be used if your behaviour poses an immediate, severe risk to yourself or others. An inspector must authorise this after consulting with healthcare professionals.
Rules for Police Stations as Places of Safety
If a police station is designated as a 'place of safety,' the following protocols apply :
- Welfare checks must be conducted every half-hour.
- A healthcare provider should be consistently available.
- An hourly review (or every three hours if you're asleep) must be conducted to assess the need for your continued stay. If it's no longer necessary, you should be transferred.
- Police stations are not suitable for individuals under 18.
Can I Contest the Police's Actions?
You can't appeal to the Mental Health Tribunal if you're held under Sections 135 or 136. However, if you believe you've been unjustly treated, you can :
- File a complaint.
- Consult a solicitor for legal advice on unlawful detention claims if you think the police didn't adhere to the legal prerequisites under Sections 135 or 136. You can find a solicitor through the Law Society's search tool based on their area of expertise and location.