First of all, I wanted to say that my knowledge of MCA and MHA is limited.
I am looking for some clarification on a couple of aspects.
How do MCA and S136 interact? I hear nowadays that someone that has been brought to hospital under MCA cannot then be sectioned under 136, as this is unlawful. Is that so?
My understanding is that if a person is suffering from a mental health disorder, they can be Sectioned under 136. Therefore, can Police bring someone that is mentally unwell under MCA? Would that be unlawful?
Can the Police leave someone under S136 in an emergency department before the clock expires (without the hospital accepting responsibility)? Is that unlawful?
How do MCA and S136 interact? I hear nowadays that someone that has been brought to hospital under MCA cannot then be sectioned under 136, as this is unlawful. Is that so?
Depends - if the MCA decision is taken in good faith for good reasons and new information emerges at A&E which justifies use of s136, I can’t see a problem. But if an MCA decision was taken (for example in a private premises) in order to then put that person in a place where s136 could be used, that would be questionable. And my own view: police / ambulance often over-use the MCA and I’m rarely convinced it was justified.
Therefore, can Police bring someone that is mentally unwell under MCA? Would that be unlawful? - it would have to be capable of justification: if the police encountered someone experiencing an obvious life-threatening emergency in a place where s136 can’t be used and where someone lacks capacity because of a mental disorder (and any other aggravating complications), it could be justified.
Can the Police leave someone under S136 in an emergency department before the clock expires (without the hospital accepting responsibility)? Is that unlawful?
They can in the sense that no-one can stop them wiping their hands of a situation (and there could be pressing operational matters justifying this) but if they did it without express acceptance of responsibility on the part of the hospital the police risk liability in negligence of something serious / untoward were to occur after they leave.
I’ve once in 26yrs told officers to leave someone regardless - he was fast asleep in an A&E for Assessment the following day and my area had two firearms incidents and a child rape reported in a 15-min window - shots fired, offender named for the rape, so I needed every cop I could find. More than happy to justify leaving a sleeping patient to resource those critical and serious incidents but I did it knowing it could come back on me.