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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