Section 135 Being taken to a place of safety from a private place
This section looks at section 135 of the Mental Health Act. It looks at the professionals you might come across in hospital, when and how they use this section. It explains what your rights are during this section and what could happen afterwards.
The rules in this section apply if you were detained after 11th December 2017. This is because the rules were changed by the Policing and Crime Act 2017.
If you were detained under Section 135 before that date, there are some differences. We have explained these here.
- Section 135 can be used by Police and healthcare professionals to take you to a place of safety for a mental health assessment.
- Mental health professionals can ask a judge for permission to go into your home.
- Once inside, the professional and the police can bring you to a ‘place of safety’. They can only do this if they think you have a mental illness and need care.
- The police can come in to your home even if you don’t want them to enter.
- A place of safety can be your home, a hospital or a police station. The police can move you from one place to another.
- You can be kept on this section for up to 36 hours.
- During this time, mental health professionals may do a Mental Health Act assessment with you. This will see if you need to be in hospital for longer, because of your mental health.
- After your assessment, you may leave hospital or you may stay under a section of the Mental Health Act.
- You have rights under this section. You can get legal advice, ask the police or hospital to tell someone where you are and get mental health treatment.
This section covers:
- What professionals might I come across?
- When do professionals use this section?
- How do professionals use this section?
- How long will I be on this section?
- What are my rights?
- Can doctors treat me if I don’t want it?
- What might happen after this section?
These pages are created by Rethink Mental Illness' Advice and Information Service. Last reviewd October 2015 next review August 2018.
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