Section 135(2) procedure

Ref MHA-0003-002-v1.1

Status: Approved Document type: Procedure

1. Introduction ...... 3 2. Why we need this document ...... 3 2.1. Purpose ...... 3 2.2. Objectives ...... 3 3. Procedure ...... 4 3.1. Eligibility...... 4 3.2. The decision to use s135(2) ...... 4 3.3. Identifying a person to coordinate ...... 5 3.4. Applying for a warrant ...... 6 3.5. Executing the warrant ...... 7 3.6. Transporting the patient to hospital ...... 8 3.7. Unused warrants ...... 8 4. Related documents ...... 8 5. Document control ...... 9 6. Appendices ...... 9

Ref: MHA-0003-002-v1.1 Page 2 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

1. Introduction The Code of Practice, Mental Health Act 1983 (2015) requires that there is a jointly agreed local policy in place governing all aspects of the use of sections 135 and 136 of the Mental Health Act 1983 (MHA) and sets out a number of factors on which good practice depends. The Government’s Mental Health Crisis Care Concordat sets a national context around responses to mental health crises and mirrors this requirement at local level. This procedure for the implementation of Sections 135(2) across the Tees, Esk and Wear Valleys NHS Foundation Trust (TEWV) area aims to ensure that best practice in line with the principles and requirements of the MHA 1983 Code of Practice (CoP), other than those requiring amendment in light of the Policing and Crime Act 2017 (PaCA), are followed at all times and that the principles within the Mental Health Crisis Care Concordat are reflected at a local level.

2. Why we need this document

2.1. Purpose

This agreement is based on the 5 overarching principles of the MHA 1983 Code of Practice which should always be considered when making decisions in relation to care, support or treatment provided under the Act.

• Least restrictive option and maximizing independence - where it is possible to treat a patient safely and lawfully without detaining them under the Act, the patient should not be detained. Wherever possible a patient’s independence should be encouraged and supported with a focus on promoting recovery where possible.

• Empowerment and involvement - Patients should be fully involved in decisions about care, support and treatment. The views of families, carers and others, if appropriate, should be fully considered when taking decisions. Where decisions are taken which are contradictory to views expressed, professionals should explain the reasons for this.

• Respect and dignity - Patients, their families and carers should be treated with respect and dignity and listened to by professionals.

• Purpose and effectiveness - Decisions about care and treatment should be appropriate to the patient, with clear therapeutic aims, promote recovery and should be performed to current national guidelines and/or current, available best practice guidelines.

• Efficiency and equity - Providers, commissioners and other relevant organisations should work together to ensure that the quality of commissioning and provision of mental healthcare services are of high quality and are given equal priority to physical health and social care services. All relevant services should work together to facilitate timely, safe and supportive discharge from detention.

2.2. Objectives

• To return the patient to hospital in the least restrictive manner

• To ensure that risks to the patient, public and all those involved are kept to a minimum

Ref: MHA-0003-002-v1.1 Page 3 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

3. Procedure

3.1. Eligibility

Section 135(2) provides for the issue of warrant authorising police to enter and remove from specified premises a patient who is liable to be detained or on a Community Treatment Order (CTO)

It is used where access to premises has been refused, or is likely to be refused.

The use of Section 135(2) may be appropriate in the following circumstances:

• A detained patient who is absent without leave (AWOL)

• A detained patient on authorised leave who has failed to return when recalled from leave

• A patient on a CTO who has failed to return when recalled

• A patient who has been detained under the Act, but has evaded being conveyed to hospital, for example a patient who has been assessed in their own home but has subsequently ejected the AMHP and doctor from their home

There must be reasonable grounds to believe that:

• The patient is at a specific address, and

• Access has been denied or is likely to be denied

It may not be necessary to use section 135(2) if:

• The co-owner or co-occupier of premises in which the patient is thought to be living has given permission to the mental health professional to enter the premises; or

• The patient is in premises, such as a hotel, over which he does not have exclusive rights of occupation, and the owner of the hotel (or other such property) allows entry to the mental health professional.

3.2. The decision to use s135(2)

In most cases the decision to use Section 135(2) will be made within an MDT meeting led by the patient’s current Responsible Clinician. Where a patient is AWOL, or has failed to return following CTO recall, the MDT should agree the best means for their return.

Ref: MHA-0003-002-v1.1 Page 4 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

In some circumstances it may not be possible to follow the above, for example where a patient has gone AWOL outside of normal working hours, their whereabouts is known, entry to the premises has been refused, and there is an urgent need to return them to the hospital.1 If it is agreed that a warrant is required, the MDT must:

• Attempt to return the patient to the unit before applying for a warrant, or

• Be able to demonstrate that it will not be possible to retake the patient without a warrant authorising their forcible removal

3.3. Identifying a person to coordinate

The MDT meeting making the decision will nominate the most appropriate person to coordinate application for and execution of the warrant. It is difficult to specify who the most appropriate person will be, and it should be determined by individual circumstance, the following guidelines may be helpful:

• If a detained patient is AWOL the most appropriate person is likely to be a senior qualified member of staff from the inpatient team.

• If a detained patient on authorised leave has failed to return when recalled from leave the most appropriate person could be either community care coordinator or a senior qualified member of staff from the inpatient team.

• In the case of a patient who has been recalled from a Community Treatment Order , the MHA CoP recommends that it is a member of the community team, and that the most appropriate person is likely to be the care coordinator

The nominated member of staff must have knowledge about the patient as they will be required to answer questions by the Magistrate.

The coordinator should involve other relevant agencies at the time that the decision is take to proceed with application for a warrant under S135(2), this must include the relevant police and ambulance services. If it is necessary to apply for a warrant, consideration should be given to how the premises identified in the application will be made secure after entry has been made through discussion between the identified person, the police and relatives. This may involve alerting landlords to the possibility of needing to carry out repairs after a forced entry.

1In a case such as this, the decision to proceed with an application for a warrant under section 135(2) will be made by the senior manager on duty or the on-call senior manager and an appropriate person to coordinate the application will be nominated by them.

Ref: MHA-0003-002-v1.1 Page 5 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

If it is necessary to use force to gain entry to the premises, consideration should be given to ensure that the least damaging means is chosen and to agree who is to arrange to pay for any short term or full repair.

3.4. Applying for a warrant

During court working hours, application will be made to the Magistrates’ Court which has jurisdiction over the address where the patient is.

Area Address Telephone

Newton Aycliffe Magistrates’ Court 01325 327693 Darlington Central Avenue Newton Aycliffe DL5 5RT

Chester-le-Street Magistrates’ Court 01325 327693 Durham Newcastle Road -le-Street County Durham DH3 3UA

Harrogate Magistrates’ Court 01423 722000 Harrogate The Court House Victoria Avenue Harrogate HG1 1EL

The Law Courts 01429 271451 Hartlepool Victoria Road Hartlepool TS24 8AG

Northallerton Magistrates’ Court 01609 783509 3 Racecourse Lane Northallerton DL7 8QZ

Teesside Magistrates’ Courts 01642 240301 Victoria Square Middlesbrough Middlesbrough Stockton TS1 2AS

Ref: MHA-0003-002-v1.1 Page 6 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

Area Address Telephone

The Law Courts 01723 505013 Scarborough Northway Scarborough North Yorkshire YO12 7AE

York Magistrates' Court and Family Court 0113 285 5619 Hearing Centre Law Courts Clifford Street York North Yorkshire YO1 9RE

Outside court working hours, the warrant would be issued by the duty Magistrate. Access to the duty Magistrate is made through the Duty Clerk of the Court. Within Redcar and Cleveland, Middlesbrough, Stockton and Hartlepool, the Emergency Duty Team (EDT) are able to provide contact details to enable access to the Duty Clerk of the Court.2 The nominated person will need to have the following to satisfy the Magistrate:

• A copy of the detention papers

• A copy of the completed Section 17 leave form if appropriate

• A copy of the RC’s letter recalling the patient from leave if appropriate

• A copy of the RC’s letter recalling the patient from CTO if appropriate

A warrant template is included as appendix 2.

There may be a charge for issuing the warrant.

Once the warrant has been obtained, arrangements should be confirmed with the police, ambulance service and any other agencies involved.

3.5. Executing the warrant

A warrant issued under Section 135(2) is valid for twenty eight days, including the day on which it was issued by the JP. It should be executed as soon as possible.

2 EDT can provide contact details for the Duty Clerk. The nominated person within TEWV is responsible for contacting the Clerk and making the necessary arrangements for the issue of a warrant.

Ref: MHA-0003-002-v1.1 Page 7 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

The police constable executing the warrant must be accompanied by the person nominated by the MDT to obtain the warrant and any other staff that the MDT feels are necessary.

Unless explicitly stated otherwise, the warrant may only be served once, at the address specified on it. It is therefore essential that the warrant is executed at a time when the patient is likely to be at the premises. If it is executed, the nominated applicant must ensure that:

• A copy of the warrant is given to the patient, or left at the address at which it was served if the patient is not present; and

• A copy of the warrant is retained by the police, and

• A copy of the warrant is retained in the patient’s medical record.

3.6. Transporting the patient to hospital

The MDT should ensure that a bed is available and determine the most appropriate means of transporting the patient back to the ward / unit. The principles of the Tees, Esk and Wear Valleys NHS Foundation Trust Conveyance Policy must be followed to ensure that the patient is transported in the most humane and least threatening manner consistent with ensuring that no harm comes to the patient or others and maximising their privacy and dignity. In particular, consideration must be given to:

• Any information known about the patient’s current presentation

• His / her presentation at the time they went AWOL (if appropriate)

• His / her past history of resistance / aggression

3.7. Unused warrants

Warrants are valid for 28 days. If not used within 28 days, or if the decision not to proceed with a warrant is taken, an unused warrant should be returned to the court that issued it.

4. Related documents

• Mental Health Act 1983 Code of Practice

• TEWV AWOL and missing patients procedure

Ref: MHA-0003-002-v1.1 Page 8 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

5. Document control

Date of approval: 28 February 2018

Next review date: 31 August 2021

This document replaces: New procedure replacing appendices 7 and 8 of MHL-0003-v8 – Interagency policy for the operation of sections 135 and 136 MHA 1983

Lead: Name Title

Mel Wilkinson Head of Mental Health Legislation

Members of working party: Name Title

Simon Marriott Training and Policy Manager

This document has been Name Title agreed and accepted by: (Director) Jennifer Illingworth Director of Quality Governance

This document was approved Name of committee/group Date by: Mental Health Legislation 28 February 2018 Committee

An equality analysis was February 2018 completed on this document on:

Amendment details: 11 May 2018 – Minor corrections to contact details. Addition of new appendix procedure for obtaining warrants out of hours

08 July 2020 - Links to inTouch removed. Review date extended by six months to 31 August 2021.

6. Appendices Section 135(2) information statement Section 135(2) warrant Procedure for obtaining warrants out of hours

Ref: MHA-0003-002-v1.1 Page 9 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

SECTION 135 (2) MHA 1983 INFORMATION STATEMENT

IN THE COMMISSION OF ENGLAND AND

In the Borough of ………………………………………… (Name of Borough) Magistrates Court The Information of …………………………………………….……. ……….. (Name of Informant) Of ………………………………………………………………………………. (Name of employer) a person authorised under the Mental Health Act 1983 to take/retake a patient who is liable under this Act to be so taken or retaken, who upon oath/affirmation states that there is a reasonable cause to believe that: ……………………………………………………………………………… (Service user’s name) is to be found on premises at ……………………………………………………………………... ……………………………………………………………………………………………. (Address) which is in the jurisdiction of the justice; and that admission to that premises: * Has been refused OR * A refusal of such admission is apprehended. Hereby applies for a warrant authorising any constable to enter, if need be by force, the premises specified herein to remove the said person

Dated ……………………..…………. ……………..

SIGNED by ….……………………………………………………………………… (Informant)

Before me …………………………………………………………………………………………

JUSTICE OF THE PEACE FOR THE LOCAL JUSTICE AREA

(*delete as appropriate)

Section 135(2) Information

Section 135 (2) Mental Health Act 1983 Statement of Evidence Explanation of why the person should be returned to hospital immediately. (in terms of evidence of mental disorder and risk to the person or others) …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… Explanation of why it is not possible to return the patient to the ward / unit without a warrant authorising forced entry …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… ……………………………………………………………………………………………………………

Section 135(2) Information

SECTION 135(2) MHA 1983 WARRANT

IN THE COMMISSION OF ENGLAND AND WALES

To any Constable of ………………………………………………………………………………….. ………………………………………………………… (Name and headquarters of Constabulary) Information on Oath/Affirmation has been laid this day by: …………………………………………………... …………………………...... (Name of informant) of ……………………………………………………………………………….. (Name of employer) a person authorised under the Mental Health Act 1983 to take or retake a patient who is liable under this Act to be so taken or retaken, that there is reasonable cause to believe that …………………………………...... (Name of patient) is to be found on the premises at ………………………………………………………………… ...... (Address) which is within the jurisdiction of the Justice and that admission to that premises has been refused/refusal of such admission is apprehended. You are hereby authorised to enter (if necessary by force) the premises specified herein and to remove the said patient. You may be accompanied by a registered medical practitioner and/or a person authorised under the Mental Health Act 1983 to retake the patient.

Dated ……………………………………………

Signed ………………………………………………………………………………………………… FOR THE LOCAL JUSTICE AREA

Procedure for obtaining warrants out of hours

Introduction The purpose of this protocol is to establish a sustainable agreement between HMCTS and agencies on how and under what circumstances warrant applications will be heard out of hours, with the onus being on agencies to ensure that only urgent applications are made, and always supported by fully completed paperwork.

Applications protocol Applicants are expected to make every effort to make applications at local courthouses during normal court working hours. Any out of hours application will be rejected where it is not intended to execute the warrant before a court is open during those normal working hours at which an application may be progressed. Applications will only be entertained if they are urgent. This is defined as: □ there is danger to life, limb or health of an individual, □ an offence will be committed if urgent action is not taken, □ property / evidence will be lost if no action is taken and there is no other authority available. □ There is a need to execute the warrant or other order before the next court business day.

Scheme Contact Details All applications must be made in the first instance to the appropriate regions ‘Warrant Application Out of Hours’ telephone number, in especially busy periods you may be directed to ring the other number:

Out of Hours Numbers Forces Cleveland Police 0113 285 5670 Durham Constabulary North Yorkshire Police Northumbria Police Police 0113 285 5688 Police Police

In this context, immediate action means that the warrant must be executed before the court reopens at 10 a.m. on the next working day. In determining whether to allow an emergency application to be made, the Legal Adviser will have regard to how long the information has been in the possession of the applicant The above numbers will not be staffed but will automatically divert to the legal adviser on call for the period in question.

Hours of Operation The Emergency Warrant Application Out of Hours number will be operational from 6 p.m. to 6 a.m. every weekday and all-day Saturday, Sunday and Bank Holiday. The line will be staffed by a Legal Adviser who will undertake to handle each call immediately if possible, or to call back within one hour after having initially taken the caller’s details. The call back period will inevitably be subject to demand on any particular session. Where no response is received for your force’s number a call may be made to the number for other force areas. Under no circumstances should any member of staff initiate contact with other HMCTS personnel or magistrates by any other means when seeking to obtain an out of hours warrant. All existing lists of HMCTS staff and magistrates must be deleted or disposed of as confidential waste. HMCTS is not obliged to deliver an out-of-hours service and the Regional Out of Hours Scheme is being offered on the understanding that it will not be misused. All the HMCTS personnel engaged in the provision of this service are volunteers. Any inappropriate use of this provision may lead to restricted or removed service provision in the future. It is therefore vital for this protocol to be adhered to. We will provide feedback to the Police on the operation of the scheme.

Applications process 1. There is a presumption that applications for warrants will be dealt with during normal working hours at a courthouse. However, it will be necessary on occasions to make applications for warrants outside working hours. In the first instance, a Legal Adviser will consider such applications to determine whether the circumstances require immediate action. If the Legal Adviser considers there is no urgency, the applicant will be advised to attend court when next open. Account will be taken of the time between the applicant having sufficient information to seek a warrant and the actual time of the request, if the applicants have not acted diligently then the on-call legal adviser can refuse to progress the application.

2. Urgent for this purpose is defined as circumstances where, unless immediate action is taken: • there is danger to life, limb or health of an individual, • an offence will be committed if urgent action is not taken, • property / evidence will be lost if no action is taken and there is no other authority available.

3. In this context, immediate action means that the warrant must be expected to be executed before the court reopens for business on the next working day. In determining whether to allow an application to be made the Legal Adviser will have regard to how long the information has been in the possession of the applicant.

4. When a warrant is required outside normal working hours, between the hours of 6 p.m. and 6 a.m., personnel should contact the region’s Applications Out of Hours phone line. In the exceptional cases where an application must be heard between 6 a.m. and a local court reopening, or if the helpline fails, personnel should attempt to contact the Clerk to the Justices or the Deputy Clerk to the Justices for the area concerned.

5. Contact should only be made once: a. The authorised application form and warrants and required copies (marked as such) have been completed. b. PACE Codes have been complied with, and an inspector or most senior officer at the police station has authorised the completed application. Once contact with the Out of Hours Warrant Legal Adviser has been established, and the assessment of urgency made, the Legal Adviser will check that the appropriate application form has been completed correctly and the required evidence is included in the application. This step will be completed electronically over secure email and personnel must be prepared to send the necessary documentation to a given HMCTS / Justice email address. Access will be limited to the Out of Hours Legal Adviser. To ensure the security of the information contained in the applications the electronic version of the application form will only be retained until the hardcopy is presented to the magistrate hearing the application; once the application has been considered by the magistrate the electronic version will be fully deleted.

6. The email addresses to send the application to will be the on-call legal advisers personal work email address such as [email protected] or [email protected] [HMCTS is in the process of moving from ‘hmcts’ to ‘Justice’ email addresses]. Both are Government Secure Intranet, GSI levels of security, on a par with the police PNN rating. They are sufficiently secure for ‘Official Sensitive’ information. If information has a higher security classification you should discuss with the Legal Adviser other additional security requirements such as password protection. If the Legal Adviser agrees that it is appropriate for the application to be put before a Justice the Legal Adviser will:- a. Contact a Justice on the Warrant Panel of who are authorised to consider out of hours applications, local to where the applicant is, and outline the nature and circumstances of the application. b. Inform the applicant of the name and address and contact number of the Justice, and confirm the arrangements for the applicant to attend the magistrate to make their application.

7. Justices must not be approached directly by the applicant; initial contact must always be through an on-call Legal Adviser to ensure that the Justice of the Peace has received appropriate legal advice before hearing any application.

Once the process has been completed any record or note of the considering Justice’s personal details, other than that which appears on any official document relating to the warrant, or application, must either be deleted or disposed of as confidential waste. The details must not be retained or in any way passed on to prevent direct access being made on any subsequent occasion.

Internal procedure It is expected that the main user of this service will be the police and it is encouraged that other agencies agree with their local force to route applications through the police to ensure that all protocol requirements are complied with sufficiently. The contact phone number can be disclosed to appropriate local agencies who may need to use the scheme. Police forces should ensure that that an officer of an appropriate level of seniority authorises warrant applications and ensures that: 1. The application is both legally and factually correct for a magistrate to consider 2. The documentation is fully and correctly completed, with electronic copies available 3. It is appropriate to make an out of hours application as per the definition above.

Monitoring These arrangements are new and a review will be conducted at the end of six months operation and an evaluation completed to determine whether the level of service provision is adequate or requires adjustment. HMCTS will also monitor compliance with the protocol by agencies and will contact agencies if there is either non-compliance with the protocol, or an area is identified for potential improvements. Agencies will be asked to contribute to the review. Once in operation any queries in relation to this scheme should be addressed to the scheme co- ordinators: □ Cleveland, Durham, North Yorkshire & Northumbria – Terence Cook 01912703352. Email, [email protected] □ For Humberside, South Yorkshire & West Yorkshire, Nicholas Lamyman, 0114 2760760 Ext 3101. Email [email protected] Any enquiries / queries before the scheme comes into operation should be addressed to: □ Gordon Airy, Deputy Justices Clerk North & West Yorkshire – 01924 390111 email [email protected]

Equality Analysis Screening Form

Name of Service area, Mental Health Legislation Department Directorate/Department i.e. substance misuse, corporate, finance etc

Name of responsible person and job title Simon Marriott, Training and Policy Manager (Mental Health Legislation)

Name of working party, to include any Mel Wilkinson, Head of Mental Health Legislation other individuals, agencies or groups involved in this analysis

Title Section 135(2) Procedure

Is the area being assessed a Policy/Strategy Service/Business plan Project

Procedure/Guidance  Code of practice

Other – Please state

Geographical area Trust-wide

Aims and objectives This procedure helps the Trust:

• To return the patient to hospital in the least restrictive manner

• To ensure that risks to the patient, public and all those involved are kept to a minimum

Start date of Equality Analysis Screening January 2017

End date of Equality Analysis Screening March 2018

Ref: MHA-0003-002-v1.1 Page 5 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

Please read the Equality Analysis Procedure for further information 1. Who does the Policy, Service, Function, Strategy, Code of practice, Guidance, Project or Business plan benefit?

• All TEWV staff • All TEWV patients

2. Will the Policy, Service, Function, Strategy, Code of practice, Guidance, Project or Business plan impact negatively on any of the protected characteristic groups below?

Race (including Gypsy and Traveller) No Disability (includes physical and No Gender (Men and women) No mental impairment)

Gender reassignment (Transgender No Sexual Orientation (Lesbian, Gay, No Age (includes, young people, No and gender identity) Bisexual and Heterosexual) older people – people of all ages)

Religion or Belief (includes faith No Pregnancy and Maternity No Marriage and Civil No groups, atheism and some other non (includes pregnancy, women who Partnership religious beliefs) are breastfeeding and women on (includes opposite sex and maternity leave) same sex couples who are either married or civil partners) Yes – Please describe the anticipated negative impact No – Please describe any positive outcomes The aim of this procedure is to ensure that people who lack the capacity to consent to the arrangements made for their care or treatment, and who may be deprived of their liberty are given full protection of their human rights.

3. Have you considered any codes of practice, guidance, project or business plan benefit? Yes No • If ‘No’, why not? 

Ref: MHA-0003-002-v1.1 Page 6 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

Sources of Information may include: • Feedback from equality bodies, e.g. Care Quality • Staff grievances Commission, Disability Rights Commission, etc. • Media • Investigation findings • Community Consultation/Consultation Groups • Trust Strategic Direction • Internal Consultation • Data collection/Analysis • Other (Please state below)

4. Have you engaged or consulted with service users, carers, staff and other stakeholders including people from the following protected groups?: Race, Disability, Gender, Gender reassignment (Trans), Sexual Orientation (LGB), Religion or Belief, Age, Pregnancy and Maternity or Marriage and Civil Partnership

Yes – Please describe the engagement and involvement that has taken place

The Code of Practice to the Mental Health Act 1983 requires that there is a jointly agreed local policy in place covering all aspects of the use of sections 135 and 136 of the Mental Health Act 1983. This procedure meets the requirements of the Mental Health Act 1983 and is guided by the Mental Health Act 1983 Code of Practice. The Act and Code of Practice were themselves subject to equality impact assessments and are hyperlinked below. MHA Equality Impact Assessment Code of Practice Equality Impact Assessment

No – Please describe future plans that you may have to engage and involve people from different groups

Ref: MHA-0003-002-v1.1 Page 7 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018

5. As part of this equality analysis have any training needs/service needs been identified?

Yes Please describe the identified training needs/service needs below. Section 135(2) is included in the Trust’s rolling programme of mental health legislation training and in the MHL e-learning available from April 2018.

A training need has been identified for

Trust staff Yes Service users No Contractors or other outside No agencies

Make sure that you have checked the information and that you are comfortable that additional evidence can provided if you are required to do so

The completed EA has been signed off by: Date: 02/03/2018 You the Policy owner/manager: Type name: Simon Marriott

Your reporting manager: Date: 02/03/2018 Type name: Mel Wilkinson

Please forward this form by email to: [email protected] Please Telephone: 0191 3336267/6542 for further advice and information on equality analysis

Ref: MHA-0003-002-v1.1 Page 8 of 20 Ratified Date: 26 February 2018 Section 135(2) Procedure Last amended: 21 May 2018