Mental Health Act 1983 Section 135

Understanding Section 135 of the Mental Health Act 1983: A Comprehensive Guide

The Mental Health Act 1983 provides a legal framework for the assessment and treatment of individuals with mental disorders in England and Wales. Section 135 holds a crucial position within this framework, dealing with the urgent situation where an individual may be suffering from a mental disorder and is believed to be in need of immediate assessment but is refusing to cooperate or is otherwise inaccessible. This article will delve into the intricacies of Section 135, explaining its purpose, process, and implications, aiming to provide a clear and comprehensive understanding for both professionals and the general public. Understanding Section 135 is crucial for ensuring the safety and well-being of individuals experiencing mental health crises while upholding their rights and dignity.

Introduction: The Purpose of Section 135

Section 135 of the Mental Health Act 1983 allows a police officer to enter a property with a warrant to bring an individual to a place of safety for assessment if they believe that person is suffering from a mental disorder and is in need of immediate care. This section is designed to address situations where a person is considered to be at risk of harming themselves or others, and their refusal to cooperate with voluntary mental health services necessitates immediate intervention. It's a powerful tool, but one that must be used cautiously and with strict adherence to the legal process to protect individual rights. The core purpose is to facilitate a necessary assessment, not to initiate treatment or detention.

The Process Under Section 135: A Step-by-Step Guide

The process outlined in Section 135 is relatively straightforward, yet it involves several critical steps that must be followed precisely:

1. Application for a Warrant: The process begins with an application for a warrant from a magistrate. This application must be made by a doctor (who must have examined the individual within the past 24 hours and believes them to be suffering from a mental disorder and in need of immediate care) and supported by a statement outlining the reasons for the application, including specific details about the individual's behaviour and the concerns for their safety and wellbeing. This statement must demonstrate a genuine concern that the individual needs urgent professional assessment.

2. The Magistrate's Decision: The magistrate will consider the application carefully. They must be satisfied that there are sufficient grounds to believe that the individual is suffering from a mental disorder and requires immediate assessment. The magistrate doesn't determine whether the person actually has a mental disorder; they simply determine whether there is enough evidence to warrant the immediate assessment provided by a Section 135 warrant.

3. Issuing the Warrant: If the magistrate grants the warrant, it will specify the address of the premises to be entered and the name of the individual to be removed. The warrant empowers police officers to enter the property and bring the named individual to a place of safety. The warrant also stipulates a time limit, usually within a short period (e.g., 24 hours), within which the person must be brought to an appropriate place of safety. It’s important to note that the warrant doesn't authorize the use of force unnecessarily. The police must always act reasonably and proportionately.

4. Police Entry and Removal: With the warrant in hand, police officers can then enter the premises. They should make every effort to gain peaceful entry and explain the situation to the individual and any others present. The use of force is only permissible as a last resort and only to the extent necessary to ensure the safety of everyone involved and to execute the warrant.

5. Transportation to a Place of Safety: Once the individual has been removed from the premises, they must be taken to a place of safety, which is typically a hospital approved for the assessment and treatment of individuals with mental disorders. This is not a place of detention, but rather a place where a qualified mental health professional can conduct a thorough assessment.

6. The Assessment: At the place of safety, the individual will undergo a comprehensive assessment by a mental health professional. This assessment will determine the nature and severity of their mental disorder (if any), the level of risk they pose to themselves or others, and the most appropriate course of action.

7. Post-Assessment Decisions: Following the assessment, a number of different outcomes are possible:

   • Voluntary admission: The individual may agree to voluntary admission to hospital for treatment.
   • Section 2 admission: If the assessment indicates a need for compulsory treatment, the individual may be detained under Section 2 of the Mental Health Act. This requires further assessment and allows for treatment up to 28 days.
   • Discharge: If the assessment concludes that no further treatment is necessary, the individual will be discharged.

Legal Safeguards and Rights Under Section 135

Section 135 is not without its safeguards designed to protect the rights of the individual. These include:

• The need for a warrant: The requirement for a warrant ensures judicial oversight and prevents arbitrary removal. The magistrate’s independent judgment provides a check on the power of the authorities.
• The role of a doctor: The involvement of a doctor ensures that the application is based on a professional medical opinion and not solely on subjective concerns.
• The time limit: The time limit imposed on the warrant prevents indefinite detention without proper assessment.
• The right to legal advice: The individual has a right to legal advice throughout the process.
• The right to challenge the warrant: The individual (or someone acting on their behalf) can challenge the validity of the warrant in court.

These safeguards emphasize that the primary aim is to facilitate a necessary assessment in a situation where an individual's vulnerability poses a risk, not to arbitrarily restrict their liberty.

Section 135 vs. Other Sections of the Mental Health Act

It's important to differentiate Section 135 from other sections of the Mental Health Act. Section 135 is distinct from compulsory admission procedures under Sections 2, 3, and 4, which are used to detain individuals for treatment after a formal assessment. Section 135 is specifically designed for situations where access to the individual is initially problematic, not for individuals already in contact with mental health services who may refuse treatment.

Explaining the Scientific Basis: Mental Health and Risk Assessment

The application of Section 135 rests upon a professional assessment of risk. This assessment considers various factors, including:

• The individual's behaviour: This involves analyzing recent actions and behaviours that indicate a potential risk of harm to themselves or others.
• Mental state examination: This is a structured clinical assessment evaluating the individual's mood, thoughts, behaviour, and perception.
• History of mental illness: Past experiences with mental illness, treatment, and responses to treatment are considered.
• Risk factors: Certain factors like substance abuse, social isolation, and lack of support networks can increase the risk of harm.
• Protective factors: The presence of supportive relationships, stable housing, and access to resources can mitigate risk.

These assessments are based on established clinical guidelines and draw upon psychological and psychiatric principles related to risk assessment and management in mental health. The aim is to identify a clear and present danger to the individual or others that justifies the intervention under Section 135.

Frequently Asked Questions (FAQs)

Q: Can the police force entry into my home under Section 135?

A: Yes, but only if a magistrate has issued a warrant based on a doctor's application, and only to bring an individual to a place of safety for assessment.

Q: What are my rights if the police use Section 135 against me?

A: You have the right to legal advice, the right to challenge the warrant in court, and the right to a fair and thorough assessment.

Q: Can Section 135 be used for someone who is not mentally ill?

A: No, the application must be based on a reasonable belief that the individual is suffering from a mental disorder. Misuse of the section is a serious matter.

Q: What happens after the assessment under Section 135?

A: After the assessment, the individual may be discharged, admitted voluntarily, or detained under another section of the Mental Health Act depending on the assessment findings.

Q: Is Section 135 a form of detention?

A: No, it is a procedure to facilitate an assessment at a place of safety. Any subsequent detention would occur under other sections of the Mental Health Act.

Q: Who can apply for a Section 135 warrant?

A: A doctor who has examined the individual within the past 24 hours and believes that person requires immediate assessment must make the application, supported by a statement outlining their concerns. A police officer does not initiate the process.

Conclusion: Balancing Rights and Responsibilities

Section 135 of the Mental Health Act 1983 represents a delicate balance between protecting the rights of individuals with mental health issues and ensuring their safety and well-being, as well as the safety of others. While it grants considerable power to the authorities, the safeguards in place are crucial to prevent misuse and ensure that the process is used only when absolutely necessary and within the confines of the law. Understanding the intricacies of Section 135 is vital for all stakeholders – mental health professionals, police officers, magistrates, and the general public – to ensure that this powerful tool is used responsibly and effectively, upholding the rights and dignity of individuals while addressing urgent mental health needs. It's a reminder that compassionate and legally sound intervention is paramount in navigating the complexities of mental health crises.