Section 135 Mental Health Warrants

Section 135 of the Mental Health Act 1983 provides two distinct warrant powers related to mental disorder. Section 135(1) allows a magistrate to issue a warrant authorising a constable to enter premises (by force if necessary) if there are reasonable grounds to believe that a person believed to be suffering from mental disorder is being ill-treated, neglected, or kept otherwise than under proper control, or is living alone and unable to care for themselves. The warrant is obtained on the application of an approved mental health professional and must name the person to be removed. Once the person is removed, they are taken to a place of safety for assessment.

Section 135(2) is a different but related power. It allows a magistrate to issue a warrant authorising a constable to enter premises to retake or return a patient who is absent without leave from a mental health unit, or who is recalled under conditional discharge, community treatment, or another mental health order. This power is used when a patient cannot otherwise be located and is needed to ensure their care and treatment continues.

The key difference between section 135 and section 136 is that section 135 requires a warrant issued by a magistrate, which provides judicial oversight before entry. Section 136, by contrast, can be used by a constable without prior authorisation. Section 135 is used where entry to a private dwelling is needed; the 2017 amendments extended section 136 to any place other than a private dwelling, but a section 135 warrant is still required for entry to a private dwelling.

The warrant under section 135(1) must be executed by a constable and must be accompanied by a doctor and an approved mental health professional. This requirement for a multidisciplinary team is intended to ensure that the assessment of the person's needs is appropriate and that the power is used for genuine mental health purposes rather than as a route to achieve entry for other purposes. The person removed under section 135 must be assessed and either admitted to hospital, accommodated informally, or returned to their own home as quickly as possible, and in any event within the permitted period of detention.