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Can you get sectioned under the Mental Health Act if you have mental capacity?

SarahD

SarahD

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Can you get sectioned under the Mental Health Act if you have mental capacity?

Anyone know?
 
SarahD

SarahD

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I did read up on this to try to find out what is allowed in law and I agree that if you have a mental disorder it looks like you can still be sectioned even if you have capacity.

But I just received a copy letter from my psychiatrist to the GP about my last appointment with her and it is clear that it is because she believes I have mental capacity she is not trying to section me. She mentions all our discussion about treatment and although she wants me to take the drugs she understands my reasons not to and considers my decision "capacitous" "for now". She says she has therefore decided at the moment to "refrain from moving towards compulsory detention".

I have agreed with my brother that if it does come to that he will object as nearest relative (which you can do if they use section 3).
 
T

Tiddle

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Hiya, I think capacity doesn't really play a huge part in sectioning as people have said its more to do with the danger to yourself or others. From what you have written it seems that you have chosen not to take a medication. You obviously have been deemed to have capacity to make a decision not to take it - it may not be the best decision in the psych's view but that doesn't mean you can't make that decision. I think they would only section you over meds if by not taking them then you are a danger to yourself or others.

You would have to be really ill ie psychotic not to be deemed to have capacity or suffering from dementia or a severe learning difficulty things like that.

My psych wanted me to take an anti psychotic for personality disorder I refused because of the damage they do and I felt they shouldn't be handed out willy nilly . I wasn't forced. I think it's actually quite hard to be sectioned these days I never have despite the severity of my self harm.
 
SarahD

SarahD

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I have been threatened with being sectioned three times in the last few weeks. I am ill.

The Dr made it clear it was only because I "had capacity" she was holding off.
 
T

Tiddle

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If I had a pound for every time I have been 'threatened' with a section I would be very rich and would hire a whole team of people to treat me - joking aside I'm sorry that you are ill - I think we all are on this forum to varying degrees. Can I be nosy and ask you what your diagnosis is?

If they are considering a section 3 that is for treatment of your condition that they haven't been able to treat in the community and is the last resort I believe. Maybe its what you need and would be of great benefit for you ??? The other thing is they can still go ahead even if your brother puts in an objection.

I have usually been threatened with a section to make me think about trying to help myself.
 
Kerome

Kerome

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I've been quite severely psychotic but not deemed a danger to self or others, and so didn't get sectioned despite walking around town in my pj's, singing to a carriage full of commuters, several blazing rows with family members in the streets around their house, all kinds of strange thoughts, an incident with a knife even.

If you ask me there is quite a big barrier to being sectioned even if you exhibit noticeably strange behaviour and even are being a bit of a public nuisance. But then I didn't discuss a lot of this openly with the crisis team on the one occasion they chose to visit me. I basically stonewalled them, and let family do the talking.
 
SarahD

SarahD

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I supposedly have Schizoaffective disorder. I am very psychotic. I get away with it because I am articulate and even when very psychotic can keep some hold on reality, I can sound reasonable most of the time. It obviously slips sometimes when it gets overwhelming, but mostly I know enough to keep inside my flat at those times, out of sight. I am on my,own mostly anyway.

I am not a danger to anyone else, don't cause any trouble. Suicidal they know some stuff but they don't know everything that goes on. I make sure I never am likely to end up in A and E, I would hate that, my methods are picked to work. Either die,or,don't die, but no one knows. Tried twice this year.

Nearest relative can object to section 3 I believe. They can overturn it but would have to be determined. He has told them he does not want me sectioned.
 
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NicoretteGummed

NicoretteGummed

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From my experience people are only sectioned if the services believe you don't want to be in hospital.

In addition people are more likely to be vulnerable to sections if the staff in hospital find their symptoms amusing and//or intriguing.

That sounds pretty brutal doesnt it but in my experience its alas all too true.

Thats why you don't find many depressive schizophrenics (of which i'm one) in hospital.
 
F

flatz

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From my experience people are only sectioned if the services believe you don't want to be in hospital.

In addition people are more likely to be vulnerable to sections if the staff in hospital find their symptoms amusing and//or intriguing.

That sounds pretty brutal doesnt it but in my experience its alas all too true.

Thats why you don't find many depressive schizophrenics (of which i'm one) in hospital.
I thought I once read you're schizoaffective rather than schizophrenic?
 
L

Lilac

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Yes you most certainly can get sectioned if you have mental capacity.
 
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