During today’s Mental Health Act assessment at the patient’s home, family members granted full access to the property. Both doctors completed their medical recommendations, and the AMHP completed the application for detention under Section 2. A hospital bed had been identified and confirmed on the receiving ward.
However, the ambulance crew declined to transport the patient, citing that a Section 135 warrant was not in place. This was despite the fact that access was already granted, and the assessment was completed lawfully in the home.
Subsequently, the police were called due to the patient becoming aggressive and displaying threatening behaviour. By the time they arrived, the assessment had concluded, and they advised that they did not have the powers to remove the patient from his home or support conveyance, despite the Section 2 being active.
Could someone please explain the possible reasons why both the ambulance crew and police declined to remove or convey the patient, given that:
Access was lawful and voluntary (no obstruction from family)
Section 2 paperwork was completed and valid
A hospital bed was secured
Behaviour had escalated to aggression and threats.
I would appreciate clarification so we can understand whether this was a misunderstanding of legal powers, commissioning boundaries, operational policy, or another factor.
MHA s6 authorises “the applicant, or any person authorised by the applicant, to take the patient and convey him [or her] to hospital…” (if an application has been “duly completed”)
MHA s137 gives the applicant (or anyone authorised) to have all the powers of a constable to take the person into custody and to detain and convey them.
I wonder if the AMHP asked the paramedics to obtain advice from their clinical management when they stated that they couldn’t act without a warrant, or the police to obtain advice from their inspector. Sounds like either way, urgent escalation was needed to rectify this issue.
Sounds like somebody in AmboLand needs a little legal education. Nothing in this situation requires any kind of s135 warrant, the authority to “take and convey” comes from the AMHP under s6 and this can be delegated to anyone else who is willing to accept it.
If they want to decline to accept it, that is their choice, but the reason given just doesn’t make any legal sense at all.
There should be, in all areas, a joint protocol between NHS, LA, Ambo, Police, etc., as to how this situation is handled - but that said, many areas don’t have them and those which do are often out of date / inadequate.
And the police will have declined to convey because of their incredible thoughtless programme called “Right Care, Right Person” which in practice just leads to “computer says no” for far too many mental health related incidents. Again, the local protocol should cover the role of the police where there is resistance, aggression, violence or an escape risk.