# Place of safety and s140 query

**URL:** <https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074>\
**Category:** Mental Health Act\
**Tags:** mha-assessment\
**Created:** [12 July 2022 13:21 UTC](https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074 "2022-07-12T13:21:13Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Madge](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/bbe5ce/32.png) [@Madge](https://forum.mentalhealthlaw.co.uk/u/Madge)\
**Post date:** [12 July 2022 13:21 UTC](https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074/1 "2022-07-12T13:21:13Z")

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Can an AMHP come to my home carry out a mhaa and due to a lack of a bed take me to the place of safety on a [s140](https://www.mentalhealthlaw.co.uk/MHA_1983_s140)?

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**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\
**Post date:** [12 July 2022 13:38 UTC](https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074/2 "2022-07-12T13:38:27Z")

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If the AMHP had a warrant issued by a magistrate under s135 of the Mental Health Act, they could lawfully take you to a place of safety. The increasing lack of acute mental health beds means that this is happening more frequently for this reason.  
Section 140 would not give such authority. s140 places a duty on the CCG (now ICS), crudely speaking, to ensure an AMHP knows where to take a person who is detained in urgent circumstances, but in reality this duty doesn’t work in many places.

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**Author:** ![anonymous10](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/958977/32.png) [@anonymous10](https://forum.mentalhealthlaw.co.uk/u/anonymous10)\
**Post date:** [13 July 2022 13:35 UTC](https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074/3 "2022-07-13T13:35:18Z")

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Thank you…there was no warrant

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**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\
**Post date:** [13 July 2022 14:17 UTC](https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074/4 "2022-07-13T14:17:08Z")

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Alternatively, if the AMHP’s application was made out to the hospital and “duly completed” (as stated in the Act), the AMHP would have the authority to take you to the hospital, even if it was to the Place of Safety (e.g. s136 Suite) rather than a ward. The authority is to “convey” to a hospital rather than any particular ward.