Section in public incorrect for private premises

What rights do you have under the mental health act, if any?

Moderator: embleton

Post Reply
User avatar
Site Admin
Posts: 471
Joined: Sat Aug 02, 2014 1:40 pm
Location: Plymouth

Section in public incorrect for private premises

Post by embleton » Tue Feb 27, 2018 10:14 am

A day when I got sectioned under the mental health act, for I was acting erratically in my private residence is amusing, to say the least. Unfortunately, my Jo did get kicked out in the process for a few hours in the cold that night.

The front door's glass got smashed by the police in the process to force entry, and neither Jo or I gave permission for the police to do such an act. Mental health services did not turn up on that night, a few years ago. And the police didn't use the right mental health act section to take me to a place of safety correctly.

But I did get an apology from the police in the way they handled the whole process on that night...

The sectioned they used was a section 136 which is to take a mentally disordered person in public to a place of safety.

The correct mental health section for forcing entry to ones home is a mental health section 135 which needs a sworn oath from a social worker for a warrant. Neither mental health or social services attended my house on that night, something that should have prevailed.

The whole process was stressful and didn't improve my mental health when the police dragged me out of the chair in the house that I was sitting in and smoking cigarettes! I didn't offer any resistance but would have wished that mental health service arrives instead of a violent policeman.

It's shameful that our mental health service does not have the resources to attend in important times, basically for they don't have the staff at evening or night. And the fact that the police aren't trained in handling the whole process with those living with mental health illnesses carefully and compassionately.

Post Reply