Understanding the 135 Mental Health Act: What You Need to Know
Mental health issues have become increasingly prevalent in recent years, with many people experiencing conditions such as depression, anxiety, and bipolar disorder. In some cases, these conditions can become severe enough that the individual is a danger to themselves or others. In such cases, the 135 Mental Health Act may come into play. In this article, we will explore what the 135 Mental Health Act is, what it entails, and what you need to know about it.
What is the 135 Mental Health Act?
The 135 Mental Health Act, also known as Section 135 of the Mental Health Act 1983, is a legal provision that allows the police to enter a property and remove an individual who is suspected of having a severe mental health condition. This can be done if the individual is deemed at risk of harm to themselves or others, and if it is deemed necessary to remove them from the property in order to receive appropriate medical treatment.
How does the 135 Mental Health Act work?
If a police officer has reason to believe that someone inside a property is suffering from a severe mental health condition and may be a danger to themselves or others, they can apply for a warrant to enter the property using Section 135 of the Mental Health Act. The police officer must be accompanied by a mental health professional, such as a psychiatrist or social worker, and they must have reasonable cause to suspect that the individual is suffering from a mental health condition.
Once inside the property, the individual will be assessed by the mental health professional, who will determine whether they require immediate medical treatment. If it is deemed necessary, the individual will be taken to a hospital or other medical facility where they can receive appropriate care.
When is the 135 Mental Health Act used?
The 135 Mental Health Act is used in cases where an individual is considered to be at risk of harm to themselves or others and where it is deemed necessary to remove them from their current location in order for them to receive appropriate medical treatment. This may be the case if the individual is experiencing severe symptoms of a mental health condition, such as psychosis, suicidal tendencies, or violent behaviour.
It is worth noting that the 135 Mental Health Act is not used lightly and is a last resort option. Police officers are trained to try and de-escalate situations before resorting to using the Act, and only use it when they believe there is no other option.
What are your rights under the 135 Mental Health Act?
If you or a loved one is subject to the 135 Mental Health Act, it is important to know your rights. Firstly, you have the right to be treated with dignity and respect throughout the process. You should also be allowed access to legal advice and have the right to challenge the decision to remove you from your property.
While the 135 Mental Health Act can be a difficult and unsettling experience, it is important to remember that it is designed to ensure that individuals receive the appropriate medical treatment when they are at risk of harm to themselves or others.
Conclusion
The 135 Mental Health Act is an important legal provision that allows the police to enter a property and remove an individual who is suspected of having a severe mental health condition. While it can be a difficult and unsettling experience, it is important to remember that it is designed to ensure that individuals receive the appropriate medical treatment when they are at risk of harm to themselves or others.
If you or a loved one is subject to the 135 Mental Health Act, it is important to know your rights and seek legal advice if necessary. By understanding the Act and what it entails, you can feel more informed and empowered should you ever face a situation where it is required.
