Bristol Mental Health Crisis - City Law Detention Guide
In Bristol, England the statutory framework for detention in public places during a mental health crisis is set out in the Mental Health Act 1983; Section 136 allows the police to take someone to a place of safety for assessment. Section 136 text[1]
Overview of the process
When someone appears to be suffering from a mental disorder and is in immediate need of care or control in a public place, the police may exercise powers under the Mental Health Act to remove them to a place of safety for assessment. Assessment will generally involve an Approved Mental Health Professional (AMHP) and an appropriate clinician, and may result in voluntary admission, assessment under Section 2, treatment detention under Section 3, or discharge.
Penalties & Enforcement
The Mental Health Act establishes powers of detention and duties of health and social care professionals and the police; it does not prescribe fines for carrying out lawful detention. Where the legislation or official guidance does not set monetary penalties, this is stated below.
- Fines/monetary penalties: not specified on the cited page for lawful detention under the Mental Health Act; the Act provides powers to detain rather than financial penalties. [1]
- Primary enforcers and decision-makers: police officers exercising Section 136 powers and AMHPs/clinicians responsible for assessment and possible application for admission.
- Official complaint/contact route for local civil matters: Bristol City Council contact page for adult social care and complaints. Bristol City Council contact[2]
- Non-monetary sanctions and orders: the Act provides for detention, transfer to hospital, conditions of discharge and supervised community treatment rather than fines.
- Appeals/review: detained patients may apply to the First-tier Tribunal (Mental Health) and request internal clinical reviews; statutory time limits and procedures are set out in tribunal rules and guidance and should be confirmed with the relevant tribunal or legal adviser (time limits not specified on the cited page).
Common situations and typical outcomes
- Acute risk to self: may lead to assessment and voluntary admission or detention under the Mental Health Act.
- Risk to others or public order in a public place: police may use Section 136 to remove to a place of safety for assessment.
- Inability to care for self: assessment may result in supervised care or hospital admission if criteria are met.
Applications & Forms
There is no public application form to request detention under the Mental Health Act; applications and statutory paperwork are completed by AMHPs and responsible clinicians as part of the assessment process. Specific procedural forms used by health services and AMHP teams are held by the NHS and local authorities and are not published as general public application forms (not specified on the cited page). [1]
Action steps for different users
- Witness or member of public: if immediate danger call 999; otherwise contact local crisis teams or NHS 111 for urgent mental health support.
- Police officers: follow Section 136 procedures for removal to a place of safety and contact AMHP/mental health liaison teams for assessment.
- Relatives/carers: inform clinicians and request involvement in assessment; ask about care plans and rights to advocacy.
FAQ
- Who can use Section 136 in Bristol?
- Police officers may use Section 136 in a public place to remove a person to a place of safety for assessment under the Mental Health Act; assessment is carried out by health and social care professionals.
- Can someone be fined for refusing assessment?
- The Mental Health Act provides powers of detention and clinical assessment, not fines for refusing assessment; specific monetary penalties are not specified on the cited legislation page.
- How do I appeal a detention?
- Detained patients can request a review and may apply to the First-tier Tribunal (Mental Health); consult the hospital patient advice service or legal advice for time limits and procedure.
How-To
- Determine safety: if the person is at immediate risk call 999 and provide clear location and risk details.
- Provide information: when police or clinicians arrive, give factual observations about behaviour, known history, medications and any immediate threats.
- Request involvement: ask for an AMHP or mental health liaison clinician to attend and request that carers be notified if appropriate and safe.
- Follow up: if the person is detained, request written reasons, ask about rights and advocacy, and obtain contact details for the responsible clinician or trust.
Key Takeaways
- Mental Health Act powers in public places are civil detention powers, not bylaw fines.
- Immediate emergencies require calling 999; non-urgent help can be sought via NHS 111 and local crisis teams.
Help and Support / Resources
- Bristol City Council contact - adult social care and complaints.
- Avon and Somerset Police - local police force and guidance on mental health incidents.
- Avon and Wiltshire Mental Health Partnership NHS Trust - local crisis services and AMHP teams.