TABLE OF CONTENT
Understanding Section 136 of the Mental Health Act: A Legal Overview
As the world continues to destigmatize emotional health, there are still some procedures that need to be in place in case things go awry. This means understanding what the act is and Section 136 Mental Health Act legal UK means.
The MHA was established in 2003 and went through significant amendments in 2007. This act, while depriving some individuals of their liberty, aims to protect those in a vulnerable state of mind. Continue reading to learn more about what it entails.
What is The Mental Health Act?
The MHA was established to protect patients suffering from mental disorders. This act focuses on improving care and helping mentally ill individuals get the treatment they need. The act applies to the following three categories:
- Patients voluntarily admitted to the hospital
- Patients detained in a hospital
- Patients required to receive care and treatment in the community
The act aims to compel individuals to receive treatment that they otherwise won’t accept. While the idea behind the act is noble, it can raise questions about the abuse of power. A certain section of the act, Section 136 Mental Health Act, is essential to understand especially by healthcare workers and law enforcement.
What is Section 136 Mental Health Act?
An article by R D Borschmann and his colleagues explains Section 136 of the Act in the following terms:
“Section 136 of the Mental Health Act 1983 (amended) provides police officers in the United Kingdom with the authority to remove individuals who appear to be suffering from a mental illness from any public place to a designated ‘place of safety’ for appropriate assessment.”
R D Borschmann
In simple terms, Section 136 Mental Health Act legal UK gives police the authority to remove individuals who appear to be suffering from emotional challenges. These individuals are then taken to a safe place to be examined. Once the individual is examined, the next steps are decided by a medical professional.
This detention under section 136 might look different for everyone, but the following steps are generally observed:
-
- An individual is taken to their home, a relative’s home, the hospital, or the police station for cognitive assessment
- The individual is detained for 24 hours (which may extend another 12 hours)
- Once the assessment is complete, the individual is either discharged or detained in a mental institution
- The patient is given the right to get legal representation if they want it
- The patient is given the right to choose whether they want treatment or not
Legal considerations of Section 136 under the Mental Health Act UK
When you first hear about it, Section 136 Mental Health Act might sound illegal. However, the legislation has given the right to law enforcement. Under both sections 135 and 136, they are allowed to seize control of the situation. The following points hold true about the Act:
- While it is legal, the detainment under these sections is a form of arrest
- However, the arrest does not mean the patient can be treated without their consent
- If you wish to refuse treatment, you can do so
- Under no law will you be obligated to agree with your medical team
What if A Loved One Gets Detained?
If your family member or someone you love has been detained, be mindful. This is because they will stay at the hospital until they are discharged. While this can be painful, it is important to remember that the medical team is on your side.
Even if your loved one has been detained under Section 136 of the MHA, you still have the right to visit them. However, if they are in a vulnerable situation and refuse visitors, the doctors will respect their wishes. It is important to be calm and present during hard times. Especially for a loved one going through such a situation.
Concluding Thoughts
It may not be pleasant to be in such a situation. However, it is essential to remember that such regulations aim to safeguard the lives of people. Those individuals suffering from emotional challenges and people who surround them. Section 136 Mental Health Act legal UK aims to help individuals with cognitive issues. Although it is a law that is heavily scrutinised and criticised.
If you have been looking for a clinic that specialises in mental health issues, Concise Medico can help. Contact our panel of specialists today to get the help you need.
Understanding Section 136 of the Mental Health Act: A Legal Overview
As the world continues to destigmatize emotional health, there are still some procedures that need to be in place in case things go awry. This means understanding what the act is and Section 136 Mental Health Act legal UK means.
The MHA was established in 2003 and went through significant amendments in 2007. This act, while depriving some individuals of their liberty, aims to protect those in a vulnerable state of mind. Continue reading to learn more about what it entails.
What is The Mental Health Act?
The MHA was established to protect patients suffering from mental disorders. This act focuses on improving care and helping mentally ill individuals get the treatment they need. The act applies to the following three categories:
- Patients voluntarily admitted to the hospital
- Patients detained in a hospital
- Patients required to receive care and treatment in the community
The act aims to compel individuals to receive treatment that they otherwise won’t accept. While the idea behind the act is noble, it can raise questions about the abuse of power. A certain section of the act, Section 136 Mental Health Act, is essential to understand especially by healthcare workers and law enforcement.
What is Section 136 Mental Health Act?
An article by R D Borschmann and his colleagues explains Section 136 of the Act in the following terms:
“Section 136 of the Mental Health Act 1983 (amended) provides police officers in the United Kingdom with the authority to remove individuals who appear to be suffering from a mental illness from any public place to a designated ‘place of safety’ for appropriate assessment.”
R D Borschmann
In simple terms, Section 136 Mental Health Act legal UK gives police the authority to remove individuals who appear to be suffering from emotional challenges. These individuals are then taken to a safe place to be examined. Once the individual is examined, the next steps are decided by a medical professional.
This detention under section 136 might look different for everyone, but the following steps are generally observed:
-
- An individual is taken to their home, a relative’s home, the hospital, or the police station for cognitive assessment
- The individual is detained for 24 hours (which may extend another 12 hours)
- Once the assessment is complete, the individual is either discharged or detained in a mental institution
- The patient is given the right to get legal representation if they want it
- The patient is given the right to choose whether they want treatment or not
Legal considerations of Section 136 under the Mental Health Act UK
When you first hear about it, Section 136 Mental Health Act might sound illegal. However, the legislation has given the right to law enforcement. Under both sections 135 and 136, they are allowed to seize control of the situation. The following points hold true about the Act:
- While it is legal, the detainment under these sections is a form of arrest
- However, the arrest does not mean the patient can be treated without their consent
- If you wish to refuse treatment, you can do so
- Under no law will you be obligated to agree with your medical team
What if A Loved One Gets Detained?
If your family member or someone you love has been detained, be mindful. This is because they will stay at the hospital until they are discharged. While this can be painful, it is important to remember that the medical team is on your side.
Even if your loved one has been detained under Section 136 of the MHA, you still have the right to visit them. However, if they are in a vulnerable situation and refuse visitors, the doctors will respect their wishes. It is important to be calm and present during hard times. Especially for a loved one going through such a situation.
Concluding Thoughts
It may not be pleasant to be in such a situation. However, it is essential to remember that such regulations aim to safeguard the lives of people. Those individuals suffering from emotional challenges and people who surround them. Section 136 Mental Health Act legal UK aims to help individuals with cognitive issues. Although it is a law that is heavily scrutinised and criticised.
If you have been looking for a clinic that specialises in mental health issues, Concise Medico can help. Contact our panel of specialists today to get the help you need.
