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section 2 and section 136

~minnie~

~minnie~

Well-known member
Joined
Jun 14, 2008
Messages
137
Location
UK
does anybody know whether the two above sections will go on my records if i get crb checked any replies welcome

i hope someone can help me
 
S

Starbright

Guest
99% sure neither will

CRB is about criminal records

Sections aren't criminal convictions

Therefore they will not be mentioned.

I had the same question about my psychosis a few years ago

I was told that no, it doesn't come up, only criminal records.
 
intelgal

intelgal

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Founding Member
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Mar 17, 2008
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1,413
Location
Yorkshire
Pretty sure it wont as star bright says they are not criminal at all!
 
firemonkey

firemonkey

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Joined
Aug 12, 2008
Messages
131
Location
Southend on sea
I've lost my healthcare assistant job.

My section 136 came up on the enhanced CRB check, so they won't employ me. Apparently I've got a police record now.

So I can't get the job.
http://www.recoveryourlife.com/forum/showthread.php?t=59159


38. There are now two levels of CRB check available: standard and enhanced disclosures:

Standard Disclosure

This is for anyone involved in working with children or vulnerable adults, as well as other occupations specified in the Exceptions Order to the Rehabilitation of Offenders Act 1974 ("ROA 1974"). Both current and spent convictions, cautions, reprimands and warnings held on the Police National Computer are revealed.

Enhanced Disclosure

This level of check is for anyone involved in regularly caring for, training, supervising or being in sole charge of children or vulnerable adults. In addition to the Standard Disclosure, any relevant information (including non-conviction information) held by the local police forces is made available.
http://216.239.59.104/search?q=cach...=clnk&cd=17&gl=uk&lr=lang_en&client=firefox-a

A young, male patient with complete remission of his symptoms of schizophrenia realised to his consternation that section 136 under the Mental Health Act 1983 came up on Criminal Records Bureau check (enhanced disclosure). The patient had since his breakdown 3 years ago successfully returned to his university studies and was simply applying for a holiday job as a gardener at a local rest home when he discovered the problem.
http://pb.rcpsych.org/cgi/content/full/31/1/33-a
 
S

Starbright

Guest
That's criminal. It shouldn't come up. Mental illness is not a criminal conviction. Mental illness does not mean that you broke the law. That is dreadful. Shit.
 
A

Apotheosis

Guest
That's criminal. It shouldn't come up. Mental illness is not a criminal conviction. Mental illness does not mean that you broke the law. That is dreadful. Shit.
That's the way it is; if you take into account, forced treatment(s), forced imprisonment (section without charge), & the system as whole; it can be very much seen as an extension of the prison/criminal justice system, & mechanism of social control, in which the subjects of such a system are positioned by the authorities exactly where they want them to be, in social status & position. When was "mental illness" ever treated as other illnesses in the general medical sense?
 
S

Starbright

Guest
Well, true. I know this is different but it comes under the heading of not being treated like other illnesses. I got horrendous side effects to some of the drugs they tried me on and told them about them and asked to try different things. My psychiatrist has since told me that at the time he thought I was making the side effects up. Now who ever heard of a patient with a heart condition with side effects being told he is making them up? It was because I was a mental health patient that my honesty was called into question. I take it as a slur on my character, being someone who will go out of their way never ever to tell a lie, and I count it as descrimination.

On another occasion, I was in hospital and expressed mild doubts about the drugs I was given, and the psychiatrist told me that if I didn't take them then they would use ECT on me. I had not refused to take them, merely questioned their side effects. Who ever heard of a heart patient questioning the side effects of a drug and being coerced into taking it with the threat of violence (and incidentally my very worst fear)? I count this as discrimination too.

So you're right, mental illness is not treated like any other illness and the respect and care about our dignity is not there.

It still shocks me when I hear of a new discriminatory practice.
 
A

Apotheosis

Guest
I've been threatened with depot injections & a 6 month section if I didn't comply with meds. Another time when I levelled with a psych & was honest about what I was thinking (I never made that mistake again) they upped the meds to the highest dose possible & tried forcing me into a course of ECT. I was also told I was lying about my drug use; & on one occasion a psych told me I hadn't taken enough drugs! I presume he meant to cause the present psychosis I was in, but who knows? I had been using drugs habitually & daily for 14 years when he told me that. It is social control - CONTROL being the operative word.
 
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