The powers library54 of 59 Safeguarding and mental health

Removal to a place of safety

ss.136–136BMental Health Act 1983

Lets a constable remove a person who appears to be mentally disordered and in immediate need of care or control to a place of safety, or keep them at one, so they can be assessed within 24 hours.

Removal to a place of safety · Mental Health Act 1983, ss.136–136BCard 54 / 59

When you can use it

The person appears to the constable to be suffering from mental disorder
They appear to be in immediate need of care or control
The constable thinks it necessary in the person's interests or to protect other people
s.136(1A)The person is anywhere except a house, flat or room where anyone lives, or a yard, garden, garage or outhouse used only with it
s.136(1C)Before deciding to remove or keep them, if practicable, consult a doctor, registered nurse, approved mental health professional (AMHP), occupational therapist or paramedic (Places of Safety Regulations 2017, reg.8)
s.136A(1)Never take a person under 18 to a police station
Reg.2(1)(a)An adult goes to a police station only if their behaviour poses an imminent risk of serious injury or death to them or others, because of that risk no other place of safety in the police area can reasonably detain them, and a healthcare professional will be present where reasonably practicable
Reg.2(1)(b)An inspector or above must authorise a police station if the decision-maker is below that rank

What it allows

Remove the person to a place of safety or, if they are already at one, keep them there or move them to another (s.136(1)).
Enter any place where the power can be used, by force if need be (s.136(1B)).
Detain them for a doctor’s examination, an AMHP interview and care arrangements (s.136(2)).
A constable, an AMHP or someone either authorises may move them to another place of safety within the permitted period (s.136(3)).

Key definitions

Mental disorder – s.1(2): any disorder or disability of the mind. Dependence on alcohol or drugs alone does not count (s.1(3)).
Place of safety – s.135(6): a hospital, a care home for mentally disordered people, local authority accommodation, a police station (subject to s.136A) or any other suitable place. A home needs the person’s agreement (and an occupier’s, if others live there); other places need the manager’s (s.135(7)).
Permitted period – s.136(2A): 24 hours from arrival at the place of safety, or from the decision to keep the person where they are.

Safeguards

Extension – s.136B: before the 24 hours end, the examining doctor may add up to 12 hours if the person’s condition makes assessment in time impracticable. For an assessment at a police station, a superintendent or above must approve.
Police station – the custody officer must ensure a healthcare professional checks welfare at least every 30 minutes and is present where reasonably practicable (reg.4), and review behaviour at least hourly (regs 5–6). If these fail or the risk passes, move the person, unless assessment can start sooner there and delay would distress them (reg.7).
Code C applies at a police station (C 1.10). Assess as soon as possible; release once assessed and arrangements are made, or at once if a doctor finds no mental disorder (C 3.16).

Good to know

s.136 is not an arrest. Since December 2017 it no longer needs a public place, but it cannot be used in a home: use a s.135 warrant.
s.136C allows a protective search if you reasonably believe the person may be a danger and is hiding an item that could cause injury. Only outer coat, jacket or gloves may be removed, plus a mouth search.
The person is in legal custody (s.137) and may be retaken after an escape, within the limits in s.138(3).
Mental Health Act 2025, s.48 will remove police stations as places of safety and repeal s.136A. It is not yet in force.

Legislation: Mental Health Act 1983, ss.136–136B (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Removal to a place of safety: questions people ask

When can the police use removal to a place of safety?

1. The person appears to the constable to be suffering from mental disorder 2. They appear to be in immediate need of care or control 3. The constable thinks it necessary in the person's interests or to protect other people 4. The person is anywhere except a house, flat or room where anyone lives, or a yard, garden, garage or outhouse used only with it 5. Before deciding to remove or keep them, if practicable, consult a doctor, registered nurse, approved mental health professional (AMHP), occupational therapist or paramedic (Places of Safety Regulations 2017, reg.8) 6. Never take a person under 18 to a police station 7. An adult goes to a police station only if their behaviour poses an imminent risk of serious injury or death to them or others, because of that risk no other place of safety in the police area can reasonably detain them, and a healthcare professional will be present where reasonably practicable 8. An inspector or above must authorise a police station if the decision-maker is below that rank

Who can use removal to a place of safety?

A constable.

What law gives the power for removal to a place of safety?

Mental Health Act 1983, ss.136–136B.

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