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Removing someone to a place of safety

Part of the Mental Health Act 1983 (section 136) details removing a mentally ill person from a public place to a place of safety. It details police powers and the rights of someone in this position.

There should be a local policy - agreed between the local police, health authority and social services authority - for putting into practice section 136 of the Act. For example, police officers should know who to contact at both the local hospital and social services department.

• The Mental Health Act

Place of safety

A place of safety could be a hospital or a police station.

Taking someone to a place of safety will allow that person to be assessed by a doctor and interviewed by an 'approved social worker'.

Approved social workers are specially trained in both mental health and the law relating to it. They are appointed by local authorities to interview people and assess their well-being.

The maximum time some one can be detained is 72 hours (three days). By then, any necessary arrangements for the person's treatment and care should have been made.

Rights of the person detained

If the police remove someone under section 136 of the Act to a police station, the person being removed is entitle to:

An 'appropriate adult' should not be employed by the police and should be experienced in dealing with people with mental health problems. It could be a relative of the person or someone responsible for their care.

The police should not interview the person until an appropriate adult is present unless delay would result in a risk of injury or harm to property or people.

Charities and organisations

Mental health charities and organisations can give useful information. The charity 'Mind' have an outline guide to the Mental Health Act on their website. It can also be downloaded in PDF format.

• Mind - The Mental Health Act 1983 an outline guide Opens new window