S136 Mental Health Act 1983

Understanding the Mental Health Act 1983 (Section 136): A Comprehensive Guide

The Mental Health Act 1983 (MHA) is a cornerstone of mental health law in England and Wales. Section 136 of this Act is particularly crucial, outlining the procedure for dealing with individuals found to be suffering from a mental disorder in a public place. This article provides a detailed explanation of Section 136, its purpose, the process involved, and the rights of individuals detained under this section. Understanding Section 136 is vital for both mental health professionals and the public, ensuring the safety and wellbeing of those experiencing mental health crises while upholding their rights and dignity.

Introduction: The Purpose of Section 136

Section 136 of the MHA 1983 empowers police officers to remove individuals found in a public place who appear to be suffering from a mental disorder and are in immediate need of care and control. The primary aim is to ensure the safety and wellbeing of the individual and the public. It's crucial to understand that this section is not about punishment; it's about providing necessary care in a crisis situation. The legislation focuses on safeguarding vulnerable individuals and preventing harm, both to themselves and others. This is achieved through a carefully structured process designed to balance the need for urgent intervention with the preservation of individual rights.

The Section 136 Process: A Step-by-Step Guide

The process initiated under Section 136 is carefully regulated to protect the rights of the individual while ensuring their safety and access to appropriate care. The steps typically include:

Identification: A police officer identifies an individual in a public place who appears to be suffering from a mental disorder and is in need of immediate care and control. This assessment is based on observable behavior and circumstances, potentially including reports from concerned members of the public.
Removal: The police officer has the power to remove the individual to a place of safety. This is not an arrest; it's a removal for the purpose of assessment and care. The "place of safety" must be a designated place approved by the local authority, often a police station or a designated healthcare facility equipped to handle mental health crises.
Assessment: Once at the place of safety, the individual is assessed by a mental health professional, usually a psychiatrist or a designated doctor. This assessment focuses on determining the individual's mental state and whether they require immediate treatment or admission to a hospital under the Mental Health Act. The assessment is crucial, providing the foundation for any further action.
Notification: The Approved Mental Health Professional (AMHP) must be notified, usually within the first few hours. The AMHP plays a vital role in assessing the individual's needs and determining the appropriate course of action. Their expertise is essential in navigating the complex legal and clinical considerations involved.
Section 135 or 136 Application: Depending on the assessment, different routes might be pursued. If admission to hospital is deemed necessary and the individual refuses, the AMHP and the doctor can apply for a Section 135 assessment (allowing assessment under supervised conditions in a place of safety for up to 72 hours) or proceed directly with an application for admission under Section 2 or 3 of the Mental Health Act 1983.
Hospital Admission (if necessary): If the assessment concludes that hospital admission is required for the individual's safety and treatment, an application is made to the relevant mental health authority for an admission order under Sections 2 or 3 of the MHA 1983. Section 2 allows for short-term detention (up to 28 days) for assessment and treatment, while Section 3 allows for longer-term detention (up to six months) for treatment.

Places of Safety: Ensuring Appropriate Care and Support

The choice of "place of safety" is crucial and is intended to be a temporary location. Ideally, the location should offer a calm, supportive environment that minimizes stress and trauma for the individual. The facilities should be equipped to provide a safe and comfortable space, ideally with access to mental health professionals to facilitate prompt assessment and care. Using a police cell as a place of safety is increasingly discouraged, as it is often deemed inappropriate and potentially detrimental to the individual's wellbeing.

The Role of the Approved Mental Health Professional (AMHP)

The AMHP is a central figure in the Section 136 process. They are social workers or nurses with specialist training in mental health law. Their responsibilities include:

Assessment: Conducting a thorough assessment of the individual's mental state and needs.
Advocacy: Acting as an advocate for the individual, ensuring their rights are protected throughout the process.
Decision-Making: Participating in the decision-making process regarding the individual's care and treatment, including hospital admission if necessary.
Legal Procedures: Guiding the legal procedures involved in applying for admission under the Mental Health Act.

The AMHP's involvement is crucial in balancing the needs for urgent intervention with the protection of the individual's rights and dignity.

Rights of Individuals Detained Under Section 136

Individuals detained under Section 136 retain several crucial rights, including:

Right to Legal Advice: The individual has the right to access legal advice.
Right to an Advocate: The individual can request an independent advocate to support them through the process.
Right to Information: The individual should be informed about the reasons for their detention and the process involved.
Right to Refuse Treatment: While hospital admission may be deemed necessary, the individual retains the right to refuse treatment. However, this right can be overridden under certain circumstances outlined in the Mental Health Act.
Right to Contact Family and Friends: The detained individual has the right to contact family and friends, provided it doesn't compromise their safety or the safety of others.

Section 136 and the Importance of Human Rights

The application of Section 136 necessitates a careful balancing act. While prioritizing the safety of the individual and the public, it is paramount to uphold their human rights. The process must be conducted with sensitivity, respect, and a commitment to minimizing distress and trauma. The use of restraint should be a last resort and only employed when absolutely necessary to prevent harm. The use of force must always be proportionate and justified.

The application of Section 136 should not be seen as a punitive measure, but as a mechanism to provide necessary care and treatment during a crisis. The focus should always be on providing a supportive environment, assisting the individual to regain their stability and connecting them to appropriate long-term care plans.

The Role of the Police in Section 136 Procedures

Police officers play a vital role in the initial stages of Section 136. Their responsibilities include:

Identifying individuals in need: Recognizing and identifying individuals exhibiting signs of mental distress in public places.
Safe removal: Removing the individual safely and respectfully to a place of safety, ensuring minimal disruption and distress.
Maintaining order: Maintaining order and public safety during the removal and transportation process.
Liaising with professionals: Effective communication and liaison with mental health professionals and the AMHP to ensure a smooth transition to assessment and care.

Proper training and understanding of mental health issues are crucial for police officers, enabling them to respond effectively and compassionately to individuals in crisis. The emphasis should always be on de-escalation and minimizing the use of force.

Common Misconceptions about Section 136

Several common misconceptions surround Section 136, leading to misunderstandings and anxieties. These include:

Misconception: Section 136 is a form of arrest. Reality: Section 136 is a removal for assessment and care, not an arrest. The individual is not being accused of a crime.
Misconception: Section 136 leads to automatic hospital admission. Reality: Assessment is crucial. Admission is only considered if it's determined necessary for the individual's safety and treatment.
Misconception: Section 136 is only used for individuals with severe mental illness. Reality: Section 136 can be applied to individuals experiencing a wide range of mental health crises, even those with less severe conditions but still requiring urgent care and support.

Frequently Asked Questions (FAQ)

Q: What if the individual refuses to go to a place of safety?

A: While the individual has the right to refuse, the police officer can use reasonable force to remove the individual if it's deemed necessary to prevent harm to themselves or others.

Q: How long can someone be held under Section 136?

A: The detention under Section 136 is temporary, lasting only until assessment is completed. This is usually a matter of hours, but can extend to a maximum of 72 hours, if a Section 135 assessment is initiated. Following assessment, they may then be admitted to hospital under other sections of the Mental Health Act, depending on the circumstances.

Q: What if the individual is not actually suffering from a mental disorder?

A: The police officer's assessment is crucial. If it's determined that the individual does not meet the criteria for a mental disorder or does not require immediate care and control, they will be released.

Q: Can someone be detained under Section 136 without their consent?

A: Yes, if it's deemed necessary to prevent harm to themselves or others. The decision to use force should always be proportionate and justified, taking into account the individual's circumstances and the level of risk involved.

Q: What happens after the assessment under Section 136?

A: After the assessment, the individual might be discharged, admitted to hospital under Sections 2 or 3 of the Mental Health Act, or referred to other services in the community.

Conclusion: Striking a Balance Between Care and Rights

Section 136 of the Mental Health Act 1983 is a vital piece of legislation, designed to provide urgent care and support for individuals experiencing mental health crises in public places. While the primary focus is safety, it is crucial that the process is conducted with sensitivity, respect for human rights, and a focus on providing appropriate care and treatment. Effective implementation requires close collaboration between police officers, mental health professionals, and AMHPs, all working together to ensure a balance between safeguarding public safety and protecting the rights of vulnerable individuals. The goal is always to provide the necessary support to help individuals experiencing mental health challenges regain their stability and access appropriate long-term care. A thorough understanding of Section 136 is critical for everyone involved, ensuring a fair, safe, and compassionate response to mental health emergencies.