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Sections of the Mental Health Act

companion

companion

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Hi guys,

I have a question or two:

If someone is on a section 2, after the 28 days is up and that person is deemed to still need to remain under section for a further 2 weeks, does the section then become a section 3, or is it possible to still be detained under a section 2 for longer than 28 days?

Also, is Section 117 where a person is discharged into the care of mental health services within their community. For example, be given a social worker and CPN that have a duty to support the individual concerned?

Many thanks for taking the time to answer these.

Take care

Companion
 
T

Twylight

Guest
NO, they cannot put you on two consecutive section 2's

They normally put you on a section 3 to begin with or later

If your section 2 is up and they want you to stay - if you try and leave against their wishes - they will section 3 you

A section 3 can be a minimum of 72 hours
 
companion

companion

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Thank you Twylight, that has helped me a great deal.

Take care

Companion
 
S

SB83

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Section 117 of the Mental Health Act 1983 (as amended by MHA 2007) is provision for 'after-care.'

This section applies to perosns who are detained under section 3, section 37, 45A, 47 or 48. "It shall be the duty of the Primary Care Trust or Local Health Board AND of the local social services authority to provide, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the PCT or Local Health Board and local social services authority are satisfied that the person concerned is no longer in need of such services."

In summary, s.117 is basically a duty placed upon social services and the local health authority to provide after-care services to people who have been detained under the above sections. This includes, for example, the duty to provide any appropriate and necessary services such as the services of a carer to help with domestic tasks such as shopping and personal care if a person is unable to so this for him/herself. This is a duty placing responsibility upon the local social services and health authority to provide such services and is not duty for the person who has been detained.

It is usual practice that prior to discharge from the above sections a meeting is held to discuss and ensure that any services required for after care under s.117 are in place before the person is discharged from the section. This usually involves the CPN or social worker to attend the meeting and outline to the responsible medical officer - now, as amended by the 2007 MHA, the responsible clinician (usually the psychiatrist) - that there will be sufficient support and services in place for when the patient leaves hospital. The responsible clinician has to be assured that necessary services are in place before he or she agrees to discharge the patient.

Quite often no services are necessary other than regular appointments with the community mental health team, however the s.117 after-care duty remains as a formaility at point of discharge.

Hope this confirms your query.
:mad:
 
S

schizolanza

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I'm no expert on this,but have personal experience.I was on a section 2 for 28 days.I was told that I could be put on a section 3,once the 28 days were up,for up to 6 months.Fortunately I was released after 28 days,but the threat of a section 3 was enough to stop me being completely honest with the Doctors,and I tried to tell them what they wanted to hear so I could get out.
 
S

SB83

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but the threat of a section 3 was enough to stop me being completely honest with the Doctors,and I tried to tell them what they wanted to hear so I could get out.
This is commonplace. However, psychiatrists are usually quite good at detecting whether a person is being completely honest and if they have doubt, they are likley to consider a Mental Health Act assessment for a section 3. Using the threat of a section 3 is also used as a way of keeping people in hospital without needing to actually detain the patient. This is often called 'pseudo-voluntary' status i.e. the person is in hospital on a voluntary basis (informal) but have been told in no uncertain terms that should he/she wish to leave he or she will be detained (first on a 5(2) or 5(4) - temporary sections lasting 72 and 6 hours respectivley). Thus, the patient may legally have the right to leave the hospital at anytime but remains under the threat of detention if in practice he or she decides to leave. A kind of professional coercion!

:sleep:
 
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