Section 136 of the Mental Health Act serves as a critical intervention to protect individuals experiencing mental health crises.
Table Of Contents
Understanding Section 136 Act
Section 136 of Mental Health Act provides police officers in the UK with the authority to remove individuals suffering from mental health crises from a public place to a place of safety. This measure aims to protect individuals experiencing acute mental distress while ensuring they receive appropriate medical evaluation and care.
Key Points of the Section 136 Act
Applies only when a person is in a public place.
Used when an individual appears to be suffering from a mental disorder.
Police officers must have reasonable grounds to believe the person requires immediate care or control for their safety or the protection of others.
Enables detention in a place of safety for up to 24 hours, extendable by 12 hours in certain cases.
What Happens When Someone is Detained Under Section 136 of the Mental Health Act?
Conduct a preliminary assessment to determine if immediate intervention is necessary.
Escort the individual to a designated place of safety—this can be a hospital, a specialist mental health facility, or, in rare cases, a police station.
Ensure the person is not restrained unless absolutely necessary.
2. Psychiatric Evaluation
Once at the place of safety:
A mental health professional and an approved doctor will assess the individual.
The assessment determines whether further mental health support, voluntary admission, or compulsory detention under another Mental Health Act section is required.
The individual may be discharged if no further intervention is needed.
3. Rights of the Individual
The detained person has the right to be informed of the reason for detention.
They can request legal representation.
They are entitled to an advocate who can support them during assessments.
The use of force or restraint must be justified and proportionate.
Duration and Possible Outcomes
Duration
Action Taken
Up to 24 hours
Initial assessment and evaluation
Additional 12 hours (if required)
Further assessment due to exceptional circumstances
Discharge
If no further care is deemed necessary
Voluntary Admission
If the individual agrees to receive mental health care
Detention under another section
If further compulsory treatment is required
Section 136 and Police Powers
Police officers play a crucial role in ensuring public safety while respecting the rights of individuals experiencing a crisis. The police must:
Use Section 136 of the Mental Health Act only as a last resort.
Ensure appropriate care rather than criminalization.
Liaise with mental health professionals for the best course of action.
Alternatives to Section 136
Crisis Intervention Teams (CIT) and community mental health services.
Voluntary hospital admissions.
Immediate support from family or crisis teams.
Legal and Ethical Considerations
Human Rights Compliance: The use of Section 136 must align with the Human Rights Act, ensuring respect for an individual’s liberty and dignity.
Proportionality: The power must be exercised in a manner that balances safety with the least restrictive intervention.
Accountability: Police and healthcare professionals must document every intervention thoroughly to maintain transparency and legal accountability.
Conclusion
Section 136 of the Mental Health Act serves as a critical intervention to protect individuals experiencing mental health crises. While it provides police officers with powers to ensure safety, it is crucial that this authority is exercised with care, respecting individual rights and ensuring that the person receives the necessary support. By understanding your rights and the processes involved, individuals, families, and professionals can navigate the system more effectively, ensuring the best outcomes for those in crisis.
