Given that s136 can be used in a hotel room, it specifies in the s135 legislation “…(b)being unable to care for himself, is living alone in any such place”. Does this mean that s135 cannot be considered if a person is (temporarily) staying in a hotel? They are extremely transient when unwell, moving a round a lot, and this query has come up.
Michael has a great delineation in his blog - Hotel Rooms and s136 – Mental Health Cop
you can consider using s136 MHA in hotel rooms unless it is obvious the person is really ‘living’ in that place, on a permanent or indefinite basis.
I subscribe to Michael’s view. It comes down to intention - whether the person is “living” there or not. In your example, it likely justifies asking the LA for legal advice on this point but I personally believe 135 is available to use.
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Not sure I’ve understood the question properly, but perhaps worth noting that the words “[living alone] in such place” in that bit of s135 don’t mean the place where the warrant is to be executed, they just refer back to the words “at any place within the jurisdiction of the justice” in the previous paragraph (which nowadays means anywhere in England or Wales).
So there’s nothing in s135 that says the person has to be living alone at the particular premises to which the warrant relates. They just have to be living alone (and unable to care for themselves) somewhere in England or Wales.
But, in any case, I don’t see there’d be anything contentious about the idea someone could be living alone in a hotel even though there are staff and other guests.