Police and mental health
Explains when you may have contact with the police, what happens if you are arrested and what your rights are if you are taken to the police station.
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What are sections 135 and 136?
What is section 135?
Section 135 allows the police to enter your home and take you to (or keep you at) a place of safety so that a mental health assessment can be done. This could involve keeping you at home.
The police must have a warrant from the magistrate's court allowing them to enter your home. An application for a warrant must be made by an approved mental health professional (AMHP), and can be given where there is reasonable cause to believe that you:
- have a mental disorder, and
- are being ill-treated or neglected, or
- are unable to look after yourself.
The police must be accompanied by an AMHP and a registered medical practitioner.
The police can keep you at the place of safety for up to 24 hours, which can be extended for another 12 hours if it was not possible to assess you in that time. The time starts when you arrive at the place of safety, or whenever the police arrived if you are not taken somewhere else.
What is section 136?
Section 136 allows the police to take you to (or keep you at) a place of safety. They can do this without a warrant if:
- you appear to have a mental disorder, AND
- you are in any place other than a house, flat or room where a person is living, or garden or garage that only one household has access to, AND
- you are "in need of immediate care or control" (meaning the police think it is necessary to keep you or others safe).
Before using section 136 the police must consult a registered medical practitioner, a registered nurse, or an AMHP, occupational therapist or paramedic.
The police can keep you at the place of safety for up to 24 hours, which can be extended for another 12 hours if it was not possible to assess you in that time. The time starts when you arrive at the place of safety, or whenever the police arrived if you are not taken somewhere else.
What is a ‘place of safety’?
A place of safety can be:
- a hospital
- a care home
- a police station
- your or someone else’s home or room
- other suitable premises where the manager of those premises agrees.
Your home or room can only be used as a place of safety if you agree and, if you live with other people, they agree too. Someone else's home or room can only be used if you both agree.
A police station can only be used as a place of safety if your behaviour poses an imminent risk of serious injury or death to yourself or another person. The decision must be authorised by an inspector after consulting with a registered medical practitioner, a registered nurse, an appropriate healthcare practitioner, an occupational therapist or a paramedic.
Can I challenge the police’s decision?
There are no rights to appeal to the Mental Health Tribunal (MHT) if you are taken to (or kept at) a place of safety under sections 135 or 136.
If you feel you've been treated unfairly you could:
- Make a complaint. See our pages on complaining about health and social care for information on how to do this.
- Seek legal advice about bringing a claim for unlawful detention, if you think the police have not followed the legal requirements under sections 135 or 135 (described on this page above).
You can get in touch with a solicitor by using the Law Society's find a solicitor tool, or by calling them. You can ask for a solicitor based on what area of law they specialise in, and where they are located. (See useful contacts for details on how to get in touch with the Law Society.)
Mental Health Tribunal (MHT)
This is a special court that deals with cases relating to the Mental Health Act 1983. The Tribunal decides whether you can be discharged from your section. It can sometimes make recommendations about matters such as hospital leave, transfer to another hospital, guardianship and community treatment orders (CTOs).
The court is made of a panel, which normally includes:
- a legally qualified chairperson
- a ‘lay member’ who has appropriate experience and qualifications in the area of mental health
- an independent psychiatrist, who will speak to you and examine you before the tribunal hearing in certain circumstances, and when you request to see them
Where you see a reference to the Mental Health Tribunal in this guide, it means:
- First Tier Tribunal (Mental Health), if you live in England, or
- Mental Health Review Tribunal for Wales, if you live in Wales.
Appropriate healthcare practitioner
This is the term used for the medical professional who is called to the police station if you need medical assessment or treatment.
Visit our full listing of Legal TermsRegistered medical practitioner
A qualified doctor, for example a GP or psychiatrist.
Visit our full listing of Legal TermsApproved mental health professional (AMHP)
AMHPs are mental health professionals who have been approved by a local social services authority to carry out duties under the Mental Health Act. They are responsible for coordinating your assessment and admission to hospital if you are sectioned.
They may be:
- social workers
- nurses
- occupational therapists
- psychologists.
Immediate care or control
This means that you are vulnerable because of your mental health problem and you need a level of care or control that you are not receiving in the public place to keep you safe and healthy.
Visit our full listing of Legal TermsMental disorder
When the Mental Health Act talks about someone with mental health problems and whether or not they should be sectioned, it often uses the term 'mental disorder'. The Act says that this can include "any disorder or disability of mind".
Mental disorder can include:
- any mental health problem normally diagnosed in psychiatry
- certain learning disabilities.
Place of safety
This is a locally agreed place where the police may take you to be assessed. It's usually a hospital but can be your home. A police station should only be used in an emergency.
Visit our full listing of Legal TermsThis information was published in December 2017.
This page is currently under review. All content was accurate when published.
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