The powers library55 of 59 Safeguarding and mental health

Warrant to search for and remove patients

s.135Mental Health Act 1983

Lets a constable, under a magistrate's warrant, enter premises by force if needed to remove a person with a mental disorder to a place of safety for assessment, or to take or retake a patient who is liable to be detained.

Warrant to search for and remove patients · Mental Health Act 1983, s.135Card 55 / 59

When you can use it

s.135(1)An approved mental health professional (AMHP) gives information on oath to a justice of the peace
s.135(1)(a)Reasonable cause to suspect a person believed to have a mental disorder has been or is being ill-treated, neglected or kept otherwise than under proper control
s.135(1)(b)Or, being unable to care for themselves, they are living alone
s.135(1)The place is within the justice's jurisdiction, and removal is with a view to a Part II application or other arrangements for treatment or care
s.135(2)For a patient liable to be taken or retaken, a constable or other authorised person gives information on oath
s.135(2)(a)–(b)Reasonable cause to believe the patient is on the premises, and entry has been refused or refusal is expected
s.135(4)Under a s.135(1) warrant, the constable must be accompanied by an AMHP and a registered medical practitioner

What it allows

Enter the premises named in the warrant, by force if need be.
Under s.135(1), remove the person to a place of safety, or keep them there if the premises are a suitable place of safety (s.135(1A)).
Under s.135(2), remove the patient, for example back to hospital.
Under s.135(1), detain the person for up to 24 hours from arrival at the place of safety, or from first entry if kept at the premises (s.135(3), (3ZA)). They may be moved to another place of safety in that time (s.135(3A)).

Key definitions

Place of safety – s.135(6): local authority residential accommodation, a hospital, a police station, an independent hospital or care home for mentally disordered persons, or any other suitable place.
Suitable place – s.135(7): a home only with the agreement of the person and an occupier; anywhere else only with the manager’s agreement.
Not named – s.135(5): the person need not be named in a s.135(1) information or warrant.

Safeguards

A child under 18 can never be taken to a police station (s.136A).
An adult can be taken to a police station only if their behaviour poses an imminent risk of serious injury or death, so no other place of safety in the area can reasonably detain them, and a healthcare professional will be available. An inspector or above must authorise it (Places of Safety Regulations 2017, reg.2).
At a police station, a healthcare professional must check welfare at least every 30 minutes, and the custody officer must review the need to stay there at least hourly (regs.4–5).
Code C applies at a police station (C 1.10). Assess as soon as possible; detention ends once arrangements are made, or at once if a doctor finds no mental disorder (C 3.16).

Good to know

The examining doctor may extend detention by up to 12 hours if the person’s condition prevents assessment within 24 hours (s.136B). At a police station this needs a superintendent or above to approve it.
s.135 is the lawful route into a home. s.136 (no warrant) cannot be used in a house, flat or room where anyone lives, or its private garden or yard (s.136(1A)).
s.48 of the Mental Health Act 2025 will remove police stations as places of safety. It awaits commencement regulations and is not yet in force.

Legislation: Mental Health Act 1983, s.135 (opens legislation.gov.uk in a new tab)
Who can use it: A constable (under a warrant from a justice of the peace)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Warrant to search for and remove patients: questions people ask

When can the police use warrant to search for and remove patients?

1. An approved mental health professional (AMHP) gives information on oath to a justice of the peace 2. Reasonable cause to suspect a person believed to have a mental disorder has been or is being ill-treated, neglected or kept otherwise than under proper control 3. Or, being unable to care for themselves, they are living alone 4. The place is within the justice's jurisdiction, and removal is with a view to a Part II application or other arrangements for treatment or care 5. For a patient liable to be taken or retaken, a constable or other authorised person gives information on oath 6. Reasonable cause to believe the patient is on the premises, and entry has been refused or refusal is expected 7. Under a s.135(1) warrant, the constable must be accompanied by an AMHP and a registered medical practitioner

Who can use warrant to search for and remove patients?

A constable (under a warrant from a justice of the peace)

What law gives the power for warrant to search for and remove patients?

Mental Health Act 1983, s.135.

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