Mental Health Cop

A man lives in his brothers home as a lodger, paying rent.  He has a bedroom of his own, but shares other facilities in the house with his brother’s family, including the bathroom, kitchen and lounge, etc., etc.. Because of concerns for his mental health, the landlord-brother invites mental health services in to his home to consider how to help his lodger-brother. Resistant to the idea of it, the man retreats to the safety of his own room and makes it clear he doesn’t want anyone to enter his bedroom and wants mental health services and the police to leave. Now, for the purposes of this blog, it doesn’t matter which of the two scenarios you want to consider this happening in –

  • No Mental Health Act assessment (MHAA) has occured so we’re wondering if a s135(1) warrant required to enter the room?
  • A MHAA has occured so it’s a…

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