What are my rights?

[Totalblamblam]

Hi -

My psychiatrist has been trying to put me in hospital for weeks. Anyway, she threatened me with a section and was also threatening a section 135 warrant - so that the police would enter my home with force and get me. I decided to go in voluntary to stop that. Only spent 2 days there and it drove me to despair so I walked out on Friday morning. I was an informal patient yet they phoned the police who keep going to my home and looking for me. They reckon they cant discharge me till I am assessed my a psychiatrist and allowed to go. I know if I go back its possible they will section me so refused and am staying 200 miles away with a friend whose address they dont know.

If I was informal at the time can I be made to go back?
What about psychiatrist demanding police get me on section 135 warrant then assessiing me and sticknig me in hospital on section?

How do I stand?

Hope someone knows
Thanks

 

[maudikie]

maudikie.

You should have taken the advice of your psychiatrist, and stopped in hospital for assessment. It cannot be done in a couple of days. If you had any complaints about how they were treating you you should have complained to the doctor. Have you a diagnosis? Have you done anything that warrants the interest of the Police?
I would advise you to return to the hospital and go through the system. It is n ot pleasant, but if you have a mental health problem it is the best and quickest way to resove it to the best of everyone's ability.
Life is not easy as I am sure you are aware, But sometimes taking the hard path leads to the best outcome.
Think hard about it, and take care.

 

[KrisD]

Psychiatrists are pretty much a law unto themselves and people with mental health issues have fewer rights than criminals. The impact of a psychiatric diagnosis is also quite serious and unlike a criminal conviction is never “spent”.

If a psychiatrist is determined to section you there is not very much you can do about it apart from engaging a mental health solicitor and going through the appeals process. While you are awaiting your appeal there is nothing you can do to prevent being medicated, by force if necessary.

I wish you lots of luck in staying out of their clutches. Realistically the prognosis is not good long term. Every time you use a mobile phone, cash card etc registered to you your location is revealed. If you become physically ill and need medical attention this will be flagged up on your medical records.

Try to find a solicitor, preferably one who specialises in mental health, and obtain advice before you are located.

 

[TheFinalShowdown]

I am going to private message you my email address as I feel I must give you a lifeline for possible follow up. Don't use the phone nor a landline based internet connection as the police can track it. I know that you feel all alone and I can see the absolute fear underlying your words, having undergone it personally myself. Are the people that you are staying with able to physically protect you from these people when they come? Because it will take physical resistance to put the matter into a crown court where it belongs. I am not advocating it, but it is the only thing that will work. They have the right under law to protect you using reasonable force. And I will give a verbal testimony there.

 

[delatext]

please see http://www.wales.nhs.uk/sites3/Documents/816/Leaflet 21 - Section 135.pdf

http://www.careandhealthlaw.com/Public/Index.aspx?ContentID=-66&IndexType=4&TopicID=26&Category=1

http://www.mind.org.uk/help/rights_and_legislation/mental_health_act_1983_an_outline_guide

http://www.heron.nhs.uk/specialist_directory/mhd/mental_health_act.htm

 

[maudikie]

please see http://www.wales.nhs.uk/sites3/Documents/816/Leaflet 21 - Section 135.pdf

http://www.careandhealthlaw.com/Public/Index.aspx?ContentID=-66&IndexType=4&TopicID=26&Category=1

http://www.mind.org.uk/help/rights_and_legislation/mental_health_act_1983_an_outline_guide

http://www.heron.nhs.uk/specialist_directory/mhd/mental_health_act.htm

A.O.K. thansfor your conern.

 

[maxitab]

Er people, what are you all doing? The posts are from 2010....I think it is a little late to be responding now.......

 

[delatext]

confused a bit, need a time machine

 

[TheFinalShowdown]

Further to what I said, also ask one of your friends to go to the Citizens Advice Bureau, who will be able to write a letter on your behalf, or if needs be take the matter further through a solicitor.

 

[TheFinalShowdown]

Concerning myself and albeit many others, or is it only a handful? . . .

MENTAL HEALTH ACT 1983
SECTION 135: ADMISSION OF PATIENTS
REMOVED BY POLICE UNDER A COURT
WARRANT

I was not given any formal paper such as this. Nothing was said excepting "We are taking you to a place of safety." My home is a place of safety, as also are the homes of people I know. This feels like another country where secret police do this as a matter of routine before being ousted or overthrown by more authoritive parties. And to be honest it needs to happen here. Our Government people at Whitehall might be reminded that 1983 is a long time ago, notably 28 years! Another paper is required that formally addresses these issues. Whereabouts are the legal-aid funded defence and prosecution solicitors? Mental health ones perhaps but where are their adverts? What's the matter, are you fearful of being closed down by Governement spooks? My blog didn't get shut down when I put around my Proposal to Prosecute. Do they get harassed at court? Where are the No Win No Fee solicitors who would make millions taking these cases on?

 

[TheFinalShowdown]

Re maudikie post, first link page 2 extract:

Further information and help

? If there is anything you do not understand about
your care and treatment, a member of staff will try
to help you. Please ask a member of staff to explain
if there is anything in this leaflet you do not
understand or if you have other questions that this
has not answered.

The independent mental health advocacy service is also there
to provide help and support to you.

Please ask if you would like another copy of this leaflet for
someone else.

Underlines mine.

Government people and conciencous (sp?) police, is it not wrong
(and against our law) to section BEFORE such people are asked?
If it is assumed that such people when asked might take the matter
further, i.e. to other people or an advocacy group, which then leads
to release, does that not imply that the section procedure was in
the wrong to begin with? And bear in mind that some people per-
haps not all would be able to take the matter to solicitors too.
Moreover, I have asked this before, why is it that this section
process does not happen to violent people?

The Independent Advocacy people are THERE to provide help and support to you.

Yes, but why aren't independent solicitors here in the public domain to do so before this action takes place?

Independent parties, do you have any figures on how often it occurs that staff and advocay people in such places assist people to get released?