Mental Health

Question 1

What is Section 136 of The Mental Health Act 1983?

Answer 1

Gives the police power to remove a mentally disordered person without a warrant so they can be examined by a medical practitioner

Question 2

What must the police do before using Section 136 of The Mental Health Act 1983?

Answer 2

Consult a medical professional

E.g. Registered medical practitioner, registered nurse, approved mental health professional etc.

Question 3

What are the three factors that can affect mental health?

Answer 3

• Structural Factors (safe living environments, education, employment)
• Community Factors (sense of belonging, community connections)
• Individual Factors (life experiences, ability to manage thoughts and cope with stress)

Question 4

What is a dual diagnosis?

Answer 4

Someone who is diagnosed with both a mental health condition and an alcohol or drug dependency

Question 5

Which Act is the main piece of legislation that covers the assessment, treatment and rights of people with mental health conditions?

Answer 5

The Mental Health Act 1983

Question 6

What is the Mental Capacity Act 2005?

Answer 6

The legal framework to intervene in the decision making of an adult who lacks the capacity to make a decision for themselves

Question 7

What is Section 135(1) of the Mental Health Act?

Answer 7

If an approved mental health professional believes there is reasonable cause to suspect that a person is suffering from mental disorder,
a warrant may be issued authorising any constable to enter, if need be by force, any premises specified in the warrant in which that person is believed to be and remove him to a place of safety

Question 8

What does Section 18(1) of the Mental Health Act 1983 involve?

Answer 8

The definition of when a person is absent without leave (AWOL) from a hospital or other mental health setting that they are detained in.

Provides the power from any AWOL person to be re-detained and returned to the hospital or mental health setting.

Question 9

What are the requirements for ‘Safe and Well checks?

Answer 9

To establish a person’s location and whether they are alive, breathing and conscious (ABC)

Question 10

What should the police do after a ‘Safe and Well check’

Answer 10

• Inform the hospital of the person’s location and leave them if they are safe

Or

Remain in as close a proximity to the person as you are legally able to and immediately contact a crisis team for urgent re-assessment

Question 11

Before removing a person to a place of safety under the Mental Health Act Section 136, what must the officer be satisfied of?

Answer 11

• Person must appear to be suffering from a mental disorder and be in immediate need of care or control
• Necessary to show the need for care and control is IMMEDIATE (to suffer from mental disorder alone is not enough)

Question 12

For what purpose can an officer enforce the use of Section 136 Mental Health Act 1983?

Answer 12

If it is necessary in the interests of the person (e.g. walking on railway lines, sitting on motorway bridge etc.)

OR

For the protection of other people (e.g. running in and out of traffic)

Question 13

Under the Mental Health Act 1983, where would a place of safety be?

Answer 13

• Hospital
• Social service residential accommodation
• Care home for mentally disordered people
• Police station (PACE Code C applies and no more than 24 hours)

An ambulance or health service transport should be used to transport someone with poor mental health

Question 14

How do police deal with a person inside a residential premise who is displaying signs of poor mental health?

Answer 14

• Section 135 Mental Health Act 1983
• Obtain a warrant from magistrates court
• This warrant includes power to remove the person
• Power of entry is granted to police with an Approved Mental Health Professional present