Imagine someone has been detained under either s135(1) or s136 Mental Health Act 1983, for removal to a Place of Safety and they abscond. It could happen in one of two situations –
- Someone is detained at the location where the power is used, then absconds before they arrive at the PoS.
- Someone detained does arrive at the PoS, but absconds after being detained at the PoS for assessment.
I’ve actually covered this topic before, in terms of powers and timescales to re-take someone who absconds in either scenario, so I won’t repeat them here. The question that arose this morning from an officer is whether the ‘clock’ stops, for someone who absconded in scenario 2. To illustrate what that means, imagine a situation like this –
- Person detained s136(1) MHA at 1000hrs on Monday.
- Arrives MH PoS at 1100hrs on Monday and is detained there under s136(2) MHA.
- It’s agreed the police will withdraw after a handover period, as patient is low risk and police leave at 1130hrs Monday.
- The patient remains willingly until around 1800hrs Monday by which time they’ve been assessed as requiring s2 admission, but they remain detained only under s136(2) MHA as there is no bed available for them.
- At 1800hrs, the patient absconds from the PoS, before they have been “sectioned”.
- The patient is not found by the police until around 0800hrs on Tuesday and they are returned (under s138 MHA) to the PoS, arriving back there at 0900hrs.
- There is now one hour left until the original 24hr period is up.
EXAM QUESTION: does the relevant period “clock” stop ticking during the fourteen hour period of that person being absent or do we really just have one hour left to assess the person and complete any arrangements for their care?! For years, I’d always assumed the clock stopped because surely we don’t envisage a situation like this where the unrealistic idea of just one hour left to complete everything is thrown upon some poor, unsuspecting AMHP. But the question having been raised, I re-read the legislation and can find nothing that makes me think the clock stops.
Section 138(3)(b) covers this scenario 2 circumstance –
“A person who escapes while being taken to or detained in a place of safety under section 135 or 136 above shall not be retaken under this section … (b) in a case where the person escapes after the beginning of the period that is the permitted period of detention in relation to the person under section 135(3ZA) or 136(2A), after the end of that period (taking into account any authorisation under section 136B(1) that was given before the person escaped).
And finally, do bear in mind the reference at the end: section 136B may offer something to this because detention under s136 MHA can be extended to a maximum period of 36hrs if the criteria in section 136B are met. They simply stipulate “the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end).”
So the clock doesn’t stop – and you’ll have to just hope your AMHP can cope if the situation does end up with very limited time left on the 24hr period. Perhaps make them a cup of tea or supply them with oxygen.
Winner of the President’s Medal,
the Royal College of Psychiatrists.
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All opinions expressed are my own – they do not represent the views of any organisation.
(c) Michael Brown, 2023
I try to keep this blog up to date, but inevitably over time, amendments to the law as well as court rulings and other findings from inquests and complaints processes mean it is difficult to ensure all the articles and pages remain current. Please ensure you check all legal issues in particular and take appropriate professional advice where necessary.
Government legislation website – www.legislation.gov.uk
Mental Health Cop 