Safeguarding and mental health powers.
Mental Health Act sections 135 and 136 and police protection of children under the Children Act 1989.
3 powers · the conditions, who can use them and the safeguards
Quick reference
| Power | Legislation | Who can use it | What it allows |
|---|---|---|---|
| Police protection | Children Act 1989, s.46 | A constable (inquiry and release by the designated officer) | Lets a constable remove a child to suitable accommodation, or stop a child being removed from a hospital or other place, for up to 72 hours where the child would otherwise be likely to suffer significant harm. |
| Removal to a place of safety | Mental Health Act 1983, ss.136–136B | A constable | 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. |
| Warrant to search for and remove patients | Mental Health Act 1983, s.135 | A constable (under a warrant from a justice of the peace) | 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. |
Tap a power for the numbered conditions, the safeguards and the key definitions.