Hi - just a hypothetical scenario.
MHAA takes place at home. 2 med recs completed and the AMHP makes their application. The AMHP has never left the home so gaining entry to the property is not a barrier. The patient, learning of the detention, locks themselves in a room in their home. From a legal standpoint, could s6 be relied upon to force and gain entry to the room the patient is in, or would 135(2) be required.
What are the alternatives? What other resources are available - eg family, friends, trusted service providers/professionals? What are the risks if the person is not conveyed to hospital? Escalating the situation, creating more reasons for the person to fear what is going to happen, could result in the person taking desperate measures to escape, such as jumping from an upper floor window or self-harm.
From a legal standpoint, which is the question, I’d be happy to force entry to the room and take custody of the person without a warrant:
When the person was made subject of the application and the AMHP decides to take and convey (s6) the person enters a condition of legal custody (s137) and the AMHP and anyone else delegated to support conveyance has “all the powers of a constable”.
If a constable takes someone in to legal custody in a property and they barricade themselves somewhere, the door will be forced and the legal basis of this is reasonable force can be used to ensure detention and because escaping lawful custody is an offence - s3 Criminal Law Act 1967 allows anyone to use force to prevent crime, and that includes preventing its continuance.
Put all of that together and stir - the door can be forced without a warrant because the AMHP (and whoever is supporting) is lawfully on the premises already, with all the powers of a constable, dealing with someone attempting to escape lawful custody. WHETHER you force the door is a different question and you’ll have to weigh the risks of acting versus not acting, as Barry points out.
Final point: I fully appreciate, AMHPs may not feel it’s appropriate for them to start hoofing the door down so it may be police support is required and requested if you insist on proceeding.
Firstly - in this RCRP world - good luck with that; but secondly, the first point in the threshold of RCRP for police involvement is “crime in progress” so you’d have to stress the escape lawful custody aspect, because that’s a crime; and also point out the necessity of police support because otherwise you will have an “immediate risk to life” or “risk of serious harm” which are the other tripping points for RCRP.