Last September I had a forced entry by police to action a S135. I’ve got confirmation from the trust, the police and the council they do not have copies of the warrant and the courts cannot find one in the system and have 'sent it to legal’.
I’ve done all the relevant SARs with paperwork being flimsy at best. Non existent for some.
It was done defensively redirecting me from physical care and pushed through the system on provable falsehoods with no information checked by the relevant trusts/departments.
I guess I’m just wondering what to do next. I complained to to the trust and got escalated to the CEO who reiterated the same things visible in the SAR.
I opened the door to be greeted by 2 police, the amhp a doctor and transport team, taken well over an hour away and released after a very short assessment and dumped out with no transport back. No follow up, no diagnosis.
No history of mental health, a tiny footprint on the NHS generally and I actually had active infection when they actioned it.
There is more detail that I’m happy to share less publicly if necessary. I’ve tried engaging a couple of law firms but energy levels are low, I’m not sure where to go next and I was still waiting for some information but it’s not forthcoming anymore.
I know why it happened, how it happened and can even tell who did what.
I should qualify for legal aid, but even then most places seem so busy.
Any help would be appreciated. I can’t find much on this kind of thing happening with no signed (I know it can be electronic) warrant.
It would be very unusual for the police to action a s135 without a warrant, but worthy of an IOPC complaint if you’ve requested everywhere but they can’t find it. Similarly; if the Local Authority can’t evidence it, you’d want to complain to the LGO after exhausting the LAs procedures.
I assume you’re looking at unlawful detention claim and maybe damages under HRA? I think you might struggle to get this funded under legal aid. The LAA would probably refuse any application stating that a CFA would be a more appropriate option. Can only really suggest the above & maybe contacting solicitors that specialise in unlawful detention/actions against police if you haven’t already.
Yes I thought so too… it’s taken a few months just to get to the bottom of who will admit what. Nobody has a signed copy it appears. Police came back with next to no paperwork too which I thought was unusual.
It’s a bit of a messy situation but I’m just unsure of which direction to go in. The hospital CEO has replied and essentially parroted what was on the records there. I just don’t like the idea that the state can essentially turn up with 8 people forcibly remove me and make me plead my sanity.
There’s obviously more to this story, which I’m uncovering, including potentially misuse of the MHA. But again I’ve just never done anything like this and it’s difficult to find any similar situations.
Yes I’ve got the SAR and all relevant records. They are withholding some bits which I’m not very pleased about, including outright omission of some.
I do know what’s going on, I’m just a bit shocked they actually went ahead without a warrant. I have been trying for months to get a hold of this thing, if it was in existence, I’m sure they would have offered it up by now.