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Summary
- Section 136 of the Mental Health Act (1983) in the UK allows police officers to remove individuals experiencing a mental health crisis from public places and transport them to a place of safety for assessment.
- This intervention is aimed at ensuring the individual’s welfare and safety, as well as that of others.
- Detention under Section 136 can last up to 24 hours, during which time mental health professionals assess the individual’s needs and determine appropriate care.
- Individuals may be medicated against their will if necessary to prevent harm.
- They have rights to appeal, access advocacy services, and be treated with dignity and respect.
What is Section 136?
Section 136 of the Mental Health Act (1983) in the United Kingdom provides police officers with the authority to remove individuals believed to be experiencing a mental health crisis from public places. The primary purpose of this section is to transport these individuals to a place of safety for assessment by healthcare professionals. This intervention is typically invoked when there are significant concerns for the individual’s welfare or safety, or the safety of others around them. A place of safety can include hospitals, police stations, or other designated healthcare facilities.
Why might you be placed on Section 136?
You may be placed under Section 136 if a police officer has substantial reason to believe that you are in urgent need of mental health assessment and support. This decision is generally based on observed behaviors or expressions indicating a mental health crisis, such as severe emotional distress, agitation, confusion, or actions that pose a risk to yourself or others. The goal is to ensure your safety and provide you with the necessary care as swiftly as possible.
Duration and Process
The detention under Section 136 can last for up to 24 hours. During this period, you will be taken to a designated place of safety, often a hospital or a specialised mental health facility. Here, you will be assessed by mental health professionals, including doctors and social workers, to determine the most appropriate course of action for your care and treatment. If your situation requires further intervention after the initial 24-hour period, you may be detained under another section of the Mental Health Act for continued treatment and support.
Medication and Consent
Under Section 136, you may be administered medication against your will if it is considered necessary by a qualified medical practitioner to alleviate your immediate distress or to prevent harm to yourself or others. However, this is done under strict protocols and legal safeguards to ensure that any such decisions are made with the utmost consideration for your best interests and respect for your autonomy. The administration of medication is closely monitored and is intended to stabilise your condition so that further assessments can be conducted effectively.
Leave and Appeal
During your detention under Section 136, you might be granted leave from the place of safety under specific conditions. This is generally considered if there is significant improvement in your mental state or if the clinical team overseeing your care agrees that it is safe for you to leave. Any granted leave will be carefully supervised to ensure both your safety and the safety of others. The terms and duration of the leave will be clearly communicated to you and will depend on your individual circumstances and recovery progress.
Appeal
If you disagree with your detention under Section 136 or the decisions made regarding your care and treatment, you have the right to appeal. You can seek advice and support from advocacy services, mental health professionals, or legal representatives. These resources can help you understand your rights, navigate the appeals process, and advocate on your behalf. It is important to express your concerns and ensure that your voice is heard during this process.
What are your rights?
As someone detained under Section 136, you have several rights protected by law, including:
- The right to be treated with dignity and respect. All healthcare providers and law enforcement officers involved in your care are obligated to treat you respectfully and considerately.
- The right to have your needs and preferences considered in decisions about your care and treatment. Your opinions and wishes should be taken into account when planning your treatment and care.
- The right to access advocacy and support services. These services can help you understand your rights, communicate your wishes, and provide support throughout your detention.
- The right to challenge decisions made about your detention or treatment. You have the right to appeal against your detention or any specific treatments proposed. This can involve legal processes or formal reviews by mental health tribunals.
- The right to have your detention reviewed regularly. Mental health professionals will periodically review your detention to ensure that it remains necessary and proportionate.
It’s important to be aware of your rights and to communicate your needs and preferences to those involved in your care to ensure that you receive appropriate support and treatment during this challenging time.
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Frequently Asked Questions for Section 136 of the Mental Health Act 1983
- The right to be treated with dignity and respect.
- The right to have their needs and preferences considered in care and treatment decisions.
- The right to access advocacy and support services.
- The right to challenge decisions about their detention or treatment.
- The right to regular reviews of their detention by mental health professionals.
Our partner hospital facilities are dedicated to providing compassionate care, ensuring your rights are upheld, and supporting you throughout your recovery journey. Your well-being and rights are our top priorities. We are here to support you on your journey towards recovery, every step of the way.
If you have any questions or concerns, please don’t hesitate to reach out to a member of our team.
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