Section 135 – Assessment of a person removed by police under a court warrant
This leaflet provides information for people who have been brought to a place of safety under section 135 of the Mental Health Act. There is information about how long you can be kept there and what could happen next.
This leaflet may not be reproduced in whole or in part, without the permission of Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
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Patient's name and place of safety
1. Patient’s name
………………………………………………………………………………………………………………………………………………
2. Name of place of safety
……………………………………………………………………………………………………………………………………………..
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Why am I in hospital?
You have been brought to this place of safety under section 135 of the Mental Health Act because an approved mental health professional thinks that you have a mental disorder and you may need treatment or care.
An approved mental health professional is someone who has been specially trained to help decide whether people need to be in hospital.
A magistrate has issued a warrant saying that you can be removed from your property, and brought here and kept here even if you do not want to come.
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How long will I be here?
You can be kept here (or in another place where you will be safe) for 24 hours so that you can be seen by a doctor and an approved mental health professional. A doctor can extend this for up to 12 hours if they are unable to complete assessment due to your clinical presentation. If these people agree that you need to remain in hospital, a second doctor may be asked to see you, to confirm their decision.
During this time you must not leave unless you are told that you may. If you try to go, the staff can stop you, and if you leave you can be brought back.
If the doctors and the approved mental health professional have not seen you by the end of the 24 hours, and no extension has been made, you will be free to leave. You may decide to stay on as a voluntary patient. But if you do want to leave, please talk to a member of staff first.
In your case the 24 hours end at:
Date………………………………………………………………………………………………………………………………………
Time……………………………………………………………………………………………………………………………………..
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What happens next?
When the doctors and an approved mental health professional have seen you, they may say that you need to stay in hospital for longer. They will tell you why and for how long this is likely to be. You will be given another leaflet that explains what will happen.
If they decide that you do not have to stay, someone will talk to you about what other help you should have.
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Can I appeal?
No. Even if you do not agree that you need to stay in hospital now, you cannot appeal against a decision to keep you here under section 135.
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Will I be given treatment?
The hospital staff will tell you about any treatment they think you need. This will occur on admission if felt necessary not at the place of safety suite. You have the right to refuse any treatment you do not want. Only in special circumstances, which would be explained to you, can you be given treatment you do not agree to.
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Code of Practice
There is a Code of Practice that gives advice to the staff in the hospital about the Mental Health Act and treating people for mental disorder. The staff have to consider what the Code says when they take decisions about your care. You can ask to see a copy of the Code, if you want.
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What if I have a comment, suggestion, compliment or complaint about the service?
If you want to make a comment, suggestion, compliment or complaint you can:
- talk to the people directly involved in your care
- ask a member of staff for a feedback form, or complete a form on the Trust website
- telephone the Complaints Department Tel: 0191 245 6672
- email [email protected] Please note that information sent to the Trust via email is sent at your own risk
We are always looking at ways to improve services. Your feedback allows us to monitor the quality of our services and act upon issues that you bring to our attention. You can provide feedback in the following ways:- the quickest way for you to do this is to complete our short online survey at www.cntw.nhs.uk/poy
- complete a Points of You survey, available on wards, reception areas or from staff
- other options for sharing your feedback and experience www.cntw.nhs.uk/yourfeedback
Patient Advice and Liaison Service (PALS)
PALS provide confidential advice and support, helping you to sort out any concerns that you may have about any aspect of your or your loved ones care.We act independently when handling patient and family concerns, liaising with staff, managers and, where appropriate, relevant organisations, to negotiate prompt solutions. If necessary, we can also refer patients and families to specific local or national-based support agencies.
North of Tyne
Tel: 0800 032 0202
Email: [email protected]
Post: FREEPOST PALSSouth of Tyne
Tel: 0800 328 4397
Text: 07825 061 035
Email: [email protected]
Post: Patient Advice and Liaison Service, Garden Lodge, Hopewood Park, Ryhope, Sunderland, SR2 0NB9am – 4.30 pm, Monday to Friday
An answerphone is available at all times for you to leave a message. A member of the PALS team will aim to return your call as soon as possible.If you do not feel that the hospital complaints procedure can help you, you can complain to an independent Commission. This is called the Care Quality Commission and it monitors how the Mental Health Act is used, to make sure it is used correctly and that patients are cared for properly while they are in hospital. The hospital staff can give you a leaflet explaining how to contact the Commission.
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Further help and information
If there is anything you do not understand about your care and treatment, a member of staff will try to help you. Please ask a member of staff to explain if there is anything in this leaflet you do not understand or if you have other questions that this leaflet has not answered.
Please ask if you would like another copy of this leaflet for someone else
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Information about content, other formats and version control
Further information about the content, reference sources or production of this leaflet can be obtained from the Patient Information Centre. If you would like to tell us what you think about this leaflet please get in touch.
This information can be made available in a range of formats on request (eg Braille, audio, larger print, easy read, BSL or other languages). Please contact the Patient Information Centre Tel: 0191 246 7288
Published by the Patient Information Centre
2024 Copyright, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
Ref, PIC/207/0124 January 2024 V6
www.cntw.nhs.uk Tel: 0191 246 7288
Review date 2027