Section 135

Read Section 135

Power to Enter Premises and Take a Person to a Place of Safety

This Section is divided into 2 parts.

Part A allows an approved social worker to apply to a magistrate for a warrant which will allow a police officer to enter premises where it is thought you are, (using force if needed - they can break in), in order to search for, and if thought fit, remove you, and take you to a Place of Safety.

The purpose of this is to allow you to be assessed to see if you need admission to hospital, or for other arrangements for your care to be made.

   A place of safety can be:

1. A police station.
2. A hospital.
3. A mental nursing home or residential home for people with a mental disorder.
4. A residential home provided by the social services.
5. Any suitable place of which the occupier is willing to have you.

Usually a hospital is the preferred place. If it is felt that there could be some risk to yourself or others if you went there, then a police station could be used.

For the warrant to be issued it has to appear to the Magistrate on the evidence given that there is reasonable cause to suspect that; you are at a place within the Magistrate's jurisdiction; and that you have a mental disorder, and -

That you are being (or have been) ill-treated, neglected, or not kept "under proper control"; or

That you are living alone and unable to care for yourself.

An approved social worker and a doctor must accompany the police officer who is to execute the warrant.

Once the warrant has been issued it is valid for 28 days and can only be used once. So if they break into where you live and you are out they have to get another warrant. You should be given a copy of it.

This section lasts for up to 72 hours from the time that you arrive at the Place of Safety. This cannot be extended or renewed. During this time you should be assessed. The section 135 ceases to have effect as soon as you have been assessed ans any arrangements made for your treatment or care.. You do not have a right of appeal.

Interestingly the Act does not specify whom it is who has to 'think fit' that you should be removed. It could be any or all of the police, the ASW or the doctor.

Though a hospital can count as a place of safety, this is not a 'hospital admission'.

The second part of this section allows a police officer to apply for a warrant to enter premises when seeking to re-take you if you are already Sectioned and liable to be detained, but you are absent without leave. If this happens an approved social worker and a doctor can accompany the police, but this is not compulsory.

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