In the liminal spaces of mental health law - what to do when section 136 expires?

BJPsych Bull. 2023 Dec;47(6):342-346. doi: 10.1192/bjb.2022.59.

Abstract

The pressure on mental health services has not gone unremarked and is of widespread concern in England and Wales. This can have implications when a bed is being sought for a patient who has undergone a Mental Health Act assessment and is deemed to meet the criteria for being formally admitted to hospital. Once the 24 h period for assessment under section 136 of the Act has lapsed, the ongoing detention of the patient can lead to a legal grey area. Through a fictional example this paper examines the relevant case law and statute that may be used to continue the detention and explores the ethical problems that this may cause.

Keywords: Psychiatry and law; consent and capacity; education and training; ethics; human rights.