Mental Health Issues

Police Powers under the Mental Health Act 1983

Can I be forcibly taken to hospital against my wishes?

Under Section 135 of the Mental Health Act, an approved mental health professional can seek a warrant from a Justice of the Peace (JP) which will allow a police officer to enter premises (by force if necessary) and take you to a place of safety (such as the hospital).

The grounds for the warrant have to be that ‘there is a reasonable cause to suspect’ that, at a place within the JP's jurisdiction (this can be in your own home or the home of another person), a person with a mental disorder:

  • Is being (or has been) ill treated, neglected, or not kept under ‘proper control’; or
  • Is living alone and unable to care for him/herself.

Despite any protest you may make, if the JP is satisfied of these grounds then you may be forcibly taken to a hospital against your wishes.

If you have any further questions or require advice please contact us on 01733 882800 or by using the link below.

Contact

Richard Boucher