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 explains when and how this section is used. It explains what your rights are on this section. And what could happen after it ends.
· Section 135 is used by police and healthcare professionals to go into your home. Even if you don’t want them to. They will do this if they are worried about your mental health.
· Mental health professionals will have to ask a magistrate for permission to go into your home.
· The police can keep you or take you to a ‘place of safety’. They can only do this if they think you have a mental illness and need care.
· 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.
· Mental health professionals will assess your mental health to see if you need to be in hospital.
· After your assessment, you will be free to leave the place of safety or you may be detained in hospital 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 can’t be used to remove you from a public place. A section 136 would be used instead.
This section covers:
- What professionals will I meet?
- What is section 135?
- When is section 135 used?
- How is section 135 used?
- How long will I be on this section?
- What are my rights?
- Can my doctor 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 reviewed August 2018 next review August 2021.
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