Section 115 Mental Health Act provides ASWs with the lawful power to enter and inspect any premises, apart from a hospital, where a mentally disordered person is living if s/he has reasonable cause to believe that that person is not under proper care.
The ASW cannot force entry without a warrant, but can advise anyone refusing entry that refusal may constitute obstruction and that this is a criminal offence under >s129 MHA. One of a couple can permit entry even if the other one refuses, if they are both householders.
It is likely that it is not sufficient to ‘believe’ that the person concerned here is mentally disordered, but that he or she has to have been previously diagnosed as such. That is because the word ‘patient’, which means (see >s145MHA) someone who is ‘suffering’ or who ‘appears to be suffering from mental disorder’, is not used in this particular section, unlike in s135 MHA.
The police have powers of entry to deal with or prevent a breach of the peace (see >s?#), and to arrest a person for an arrestable offence (see >s?#), or for saving life or limb’ (see >s?#).
Where the problem is that someone believed to be suffering from mental disorder, is also thought to be being ill-treated, neglected, or kept otherwise than under proper control, the magistrates can issue a warrant for a constable to enter any premises (see s135 MHA). It is not necessary to know the person’s name for this procedure, and it is also available if the person is unable to care for him or herself, if they are also living alone. The warrant is good for one month and can only be used once. The constable is allowed to use appropriate force if necessary in order to implement the warrant. The constable should ideally go with a doctor and an ASW, so that the doctor can advise whether the person should be taken to a place of safety for assessment for action under the Act, (ie, guardianship, or admission under s2 or 3).
The person may be taken, against their wishes if necessary, for up to 72 hours to enable the assessment to take place. A place of safety includes a local authority home, a hospital, a police station, a mental nursing home or a residential home for mentally disordered person, or any other place where the owner is willing to receive the person (see s135(6) MHA)