Section 136 and Health-Based Places of Safety: What Ward Staff Need to Know

Section 136 of the Mental Health Act 1983 gives police the power to remove someone from a public place to a "place of safety" if they appear to have a mental disorder and need immediate care or control. For AMHPs, the legal mechanics of that power are core training — covered in our guide to qualifying as an Approved Mental Health Professional. This piece is for the staff on the other end of that process: the nurses and support workers who actually run the health-based place-of-safety suite once someone arrives.

The 24-hour clock, and when it can be extended

Someone detained under Section 136 can be held for up to 24 hours while a Mental Health Act assessment is arranged. That period can be extended by up to 12 hours, but only where the assessment genuinely couldn't be completed within the initial 24 hours — and if the extension applies to someone held at a police station, it requires sign-off from a police officer at superintendent rank or above. For ward and place-of-safety staff, the practical implication is clear: the clock starts the moment detention begins, not when the person arrives at your unit, so timely handover and assessment scheduling directly affect how much time is actually available.

Police cells are a last resort, not a default

Police stations can still be used as a place of safety for adults in specific circumstances — typically where someone is assessed as presenting a high risk to people in a healthcare setting — but current guidance is explicit that "a police station should only be used if there is no better option." For anyone under 18, a police station cannot be used as a place of safety under any circumstances. A 2024 government review of how Sections 135 and 136 operate in practice went further, recommending that police custody be outlawed entirely as a place of safety for under-18s and that the detention period itself be shortened, reflecting continued national concern that health-based provision isn't consistently available when it's needed.

Why health-based places of safety exist — and the pressure they're under

The policy direction behind Section 136 reform has consistently pushed detentions away from police custody and toward dedicated health-based places of safety — a suite within a hospital or mental health unit, staffed and equipped for short-term crisis assessment rather than a cell. The same 2024 government review also proposed improving commissioning of places of safety and creating faster arrangements for the related Section 135 warrant process, both aimed at the same underlying problem: health-based capacity not consistently keeping pace with demand, which is what pushes some detentions toward police custody as a fallback.

What this means for staffing and clinical practice on a place-of-safety suite

Running a compliant health-based place of safety isn't just about having the physical space. Staff need to be able to evidence rapid access to a Mental Health Act assessment (an AMHP and at least one doctor), clear observation and risk-management protocols for a potentially very short but high-acuity stay, and a documented escalation pathway if the 24-hour window is at risk of being exceeded without an extension having been properly authorised. Ligature risk and environmental safety on these suites is a related, specific inspection focus — our guide to ligature risk assessment and safe staffing on mental health wards covers the environmental side of this in more depth.

The scope question: is Section 136 changing?

The 2024 government review also proposed broadening where Section 136 can be used — extending it beyond purely public places to anywhere other than a person's own home, giving the example of a railway station. This hasn't changed the law as it currently stands, but it signals the direction of travel, and services should expect the scope and time-limit detail to keep evolving as reform progresses.

Frequently asked questions

Who decides whether someone goes to a police station or a health-based place of safety?
In practice this is a joint decision involving police and local health services, guided by local policy and risk assessment — but the default expectation under current guidance is a health-based setting unless there's a specific, documented reason it isn't suitable.

Does the 24-hour limit reset if someone is moved between settings?
No — the clock runs from the point detention under Section 136 begins, regardless of whether the person is moved from a public location to a police station and then to a health-based suite.

Is this the same power an AMHP uses to enter someone's home?
No — that's Section 135, a warrant-based power requiring a magistrate's authorisation to enter private premises. Section 136 applies to public places and doesn't require a warrant.

Running a compliant, well-staffed place-of-safety service is ongoing CPD territory for mental health inpatient and crisis teams. Explore Learnsignal's CPD courses to keep this training current.