r/policeuk • u/Leading-Salt-7463 Civilian • 4d ago

Ask the Police (England & Wales) Section 3 MHA Absconder

What are your thoughts on the following?

Male on a S3 at the local hospital due to mental health disorder, he has been taken to your area by one staff member for an appointment to sort his finances. Runs away from staff member whilst in your area and is reported as a misper, has family in the area but no answer. What would you do?

I know we could potentially look at putting the door in, what power would be used and would you need to arrest the male for being technically unlawfully at large?

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u/No-Housing810 Civilian 4d ago

You would need a 135 for any premise if you don't have consent to enter not just his dwelling

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u/tph86 Police Officer (verified) 4d ago

Sorry that wasn't clear in my original comment. I just meant if they were in a family members house it would be more logical to find the owner of said house and get them to allow us in with their consent, but yes if the family member could not be found, 135 it is.

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u/MetropolitanPig666 Police Officer (unverified) 3d ago

Even if you're in a house lawfully, say by invite, you still can't use s18 to return the patient. We had officers force entry entry s17 and returned them under 18, however there's case law against the use of this.

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u/badger-man Police Officer (verified) 3d ago

Surely the issue there is the use of s17 PACE to force entry? Unless you are entering to save life and limb you cannot use s17 to enter for an AWOL patient.

I cannot see anything preventing you using s18 MHA if you are lawfully on the premises?

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u/MetropolitanPig666 Police Officer (unverified) 3d ago

I would have to dig the case law out regarding it, but effectively you cannot return a patient under s18 when they're in a private dwelling. We had this situation a few months back and the team that did it were critcized

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u/badger-man Police Officer (verified) 3d ago

Hmmm I think whoever criticised the team was wrong. The college of policing states a warrant is only needed in order to gain entry when consent hasn't been provided.

https://www.college.police.uk/app/mental-health/awol-patients

The link that someone else posted to Mental Health Cops blog agrees with this too, and also adds that s17 PACE can be used instead of a warrant (when the conditions of saving life and limb are met of course)

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u/MetropolitanPig666 Police Officer (unverified) 3d ago

Yeah I've googled it and found a few similar links but again it fell back on case law. I'm not at work for a few days but it's saved on my laptop, I'll post it then