Section 135 of the Mental Health Act

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. This information is for adults affected by mental illness in England. It’s also for their loved ones and carers and anyone interested in this subject.

If you would like more advice or information you can contact our Advice and Information Service by clicking here .

• Overview
• About
• When & how is the section used?
• Duration
• Your rights & property
• Treatment
• After the section ends

Overview

• 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 at a ‘place of safety’ or take you there. 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 section 135 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 may be detained in hospital under a section of the Mental Health Act. Or, you will be free to leave the place of safety.
• Under this section, you have the right to access legal advice. You can ask the police or hospital to tell a solicitor where you are. You also have the right to mental health treatment.
• This section can’t be used to remove you from a public place. A section 136 would be used instead.

A list of professionals we mention in this factsheet.

There are different professionals that might be involved in your care while you are detained under the Mental Health Act. We talk about some of these professionals on this page.

Approved Clinician (AC): an AC is a mental health professional who is allowed to use the Mental Health Act. An AC can be a doctor, psychologist, nurse, occupational therapist, or social worker. They are trained to assess your mental health.

Approved mental health professional (AMHP): an AMHP is a mental health professional who is trained to use the Mental Health Act. An AMHP can be a psychologist, nurse, social worker or occupational therapist. They help to decide if you should be detained under the Mental Health Act. The role of the AMHP is to provide a decision that is informed by a social perspective, rather than a medical opinion. Even if they have a medical background. An AMHP can help to bring you to hospital.

Police officer: the police can enter your house if they have a warrant under Section 135. They can get into your property even if you don’t want them to. The police will keep you or take you to a place of safety. They should try and do this in an ambulance, but it can be in a police vehicle.

Custody sergeant: they are responsible for the safety of everyone at the police station. They will make sure you understand why you are there and what your rights are. You may be taken to a police station as a place of safety.