# \#s136 **URL:** https://forum.mentalhealthlaw.co.uk/tag/s136/22.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [Section 136 -- FOI data from SLAM](https://forum.mentalhealthlaw.co.uk/t/section-136-foi-data-from-slam/5846)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 8\ **Last updated:** [8 July 2026 21:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-foi-data-from-slam/5846 "2026-07-08T21:19:52Z")
Data obtained under FOI from South London and Maudsley NHS Foundation Trust, June 2026 What This Data Shows I recently obtained data from South London and Maudsley NHS Foundation Trust (SLaM) under the Freedom of Infor… --- ## [FOIA request to NHS England: Section 135/136 Mental Health Act Detentions, subsequent Common Law Detentions and other actions](https://forum.mentalhealthlaw.co.uk/t/foia-request-to-nhs-england-section-135-136-mental-health-act-detentions-subsequent-common-law-detentions-and-other-actions/3416)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 12\ **Last updated:** [3 February 2026 00:13 UTC](https://forum.mentalhealthlaw.co.uk/t/foia-request-to-nhs-england-section-135-136-mental-health-act-detentions-subsequent-common-law-detentions-and-other-actions/3416 "2026-02-03T00:13:53Z")
Following on from this National Nightmares: s136(2A) and s136B time limits - Law and practice / Mental Health Act - MHLO Forum, suggestions from 7 people to act outside the law (aka ultra vires) and my knowledge of a nat… --- ## [Treatment outside of Statute in S136 suites](https://forum.mentalhealthlaw.co.uk/t/treatment-outside-of-statute-in-s136-suites/3436)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [11 March 2025 23:00 UTC](https://forum.mentalhealthlaw.co.uk/t/treatment-outside-of-statute-in-s136-suites/3436 "2025-03-11T23:00:43Z")
As everybody should know, S136 does not allow for treatment with medications whether consenting or not. \[I own copyright to the image, just in case\] Scenario this week: Male patient in early 30s with only rudiment… --- ## [Clock stopping post-s136](https://forum.mentalhealthlaw.co.uk/t/clock-stopping-post-s136/2970)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 6\ **Last updated:** [24 November 2024 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/clock-stopping-post-s136/2970 "2024-11-24T20:32:58Z")
s136 is used and the person then has a medical episode - which may or may not be related to a pre-existing condition (as the overdose they have taken can cause the same symptoms of their medical condition). At A&E inform… --- ## [Committing offence while detained under section 136 at place of safety and awaiting assessment](https://forum.mentalhealthlaw.co.uk/t/committing-offence-while-detained-under-section-136-at-place-of-safety-and-awaiting-assessment/2020)
**Author:** [@prex1971](https://forum.mentalhealthlaw.co.uk/u/prex1971)\ **Replies:** 1\ **Last updated:** [23 November 2023 17:17 UTC](https://forum.mentalhealthlaw.co.uk/t/committing-offence-while-detained-under-section-136-at-place-of-safety-and-awaiting-assessment/2020 "2023-11-23T17:17:48Z")
In a nutshell it seems like a simple question, If a person detained under section 136 at a Place of Safety, awaiting assessment commits an offence should they remain, await and complete the assessment or go to custody? T… --- ## [Common Law powers of detention?](https://forum.mentalhealthlaw.co.uk/t/common-law-powers-of-detention/1957)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 6\ **Last updated:** [19 October 2023 16:41 UTC](https://forum.mentalhealthlaw.co.uk/t/common-law-powers-of-detention/1957 "2023-10-19T16:41:20Z")
Just browsed the recent judgment in Clark v Chief Constable of Merseyside Police \[2023\] EWHC 2565 (KB) and was a bit confused. It references “common law powers” for detaining people without specific lawful authority. I… --- ## [S136 Detention - restraint at health-based place of safety](https://forum.mentalhealthlaw.co.uk/t/s136-detention-restraint-at-health-based-place-of-safety/1509)
**Author:** [@NW2521](https://forum.mentalhealthlaw.co.uk/u/NW2521)\ **Replies:** 3\ **Last updated:** [8 March 2023 09:07 UTC](https://forum.mentalhealthlaw.co.uk/t/s136-detention-restraint-at-health-based-place-of-safety/1509 "2023-03-08T09:07:34Z")
Please can I ask for some advice? I have dealt with a S136 case where the patient was assessed as volatile. The advice given by colleagues was that health staff are unable to restrain or sedate at the person on the S13… --- ## [Can the police use s136 again?](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 1\ **Last updated:** [15 December 2022 12:38 UTC](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409 "2022-12-15T12:38:58Z")
Can the police use s136 again following a persons escape from legal custody if they have escaped from a HBPoS? s138 provides for the person to be retaken before the end of the relevant period, however, what happens when … --- ## [Use of Section 136, post MHAA](https://forum.mentalhealthlaw.co.uk/t/use-of-section-136-post-mhaa/1165)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 2\ **Last updated:** [12 August 2022 16:20 UTC](https://forum.mentalhealthlaw.co.uk/t/use-of-section-136-post-mhaa/1165 "2022-08-12T16:20:04Z")
There are various situations in which the police are either asked to consider use of s136 after the person concerned has already been assessed under the MHA or where the police themselves decide to do so. Just two examp… --- ## [Admission to hospital 5 days after s2 completed](https://forum.mentalhealthlaw.co.uk/t/admission-to-hospital-5-days-after-s2-completed/1161)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [10 August 2022 08:01 UTC](https://forum.mentalhealthlaw.co.uk/t/admission-to-hospital-5-days-after-s2-completed/1161 "2022-08-10T08:01:19Z")
A patient is detained under s136 in POS and s2 completed but a bed cannot be found for 4 days so the patient remains detained in POS. s2 starts from date of hospital admission so what is her status for those 4 days betw… --- ## [Section 136 "Clock"](https://forum.mentalhealthlaw.co.uk/t/section-136-clock/1123)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 7\ **Last updated:** [29 July 2022 17:46 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-clock/1123 "2022-07-29T17:46:51Z")
Scenario for you with an exam question! — Someone is arrested for a minor crime whilst seriously mentally unwell They are assessed MHA in custody and deemed to require admission under s2 or s3 MHA There is no bed avail… --- ## [Section 136 and "de-arrest"](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530)
**Author:** [@arpsych](https://forum.mentalhealthlaw.co.uk/u/arpsych)\ **Replies:** 2\ **Last updated:** [9 June 2021 19:10 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530 "2021-06-09T19:10:10Z")
Thanks a lot, Simon. Also, I am looking for guidance in following scenarios: Someone is arrested by the police; then showing symptoms mental disorder (either in public place or in police station)- then the police de-… --- ## [Continuing s136 after decision to admit patient](https://forum.mentalhealthlaw.co.uk/t/continuing-s136-after-decision-to-admit-patient/529)
**Author:** [@arpsych](https://forum.mentalhealthlaw.co.uk/u/arpsych)\ **Replies:** 1\ **Last updated:** [24 May 2021 17:48 UTC](https://forum.mentalhealthlaw.co.uk/t/continuing-s136-after-decision-to-admit-patient/529 "2021-05-24T17:48:48Z")
Hello, thought to use this platform to get clarification on a query. When we conduct a mental health act assessment and patient agrees to come to hospital (informally or under MHA); in many places, the nursing team sugg… --- ## [Section 136 - nearest relative](https://forum.mentalhealthlaw.co.uk/t/section-136-nearest-relative/461)
**Author:** [@Cayman](https://forum.mentalhealthlaw.co.uk/u/Cayman)\ **Replies:** 5\ **Last updated:** [27 April 2021 20:07 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-nearest-relative/461 "2021-04-27T20:07:35Z")
Hi, can a nearest relative be contacted under section 136 when there is no continued detention and px is discharged?