A Foreigner Writes (Scot asking about English detention/aftercare)

Law and practice Mental Health Act
1

Hello,
I practice as an Advocate in Scotland, and by an indirect route, I have been approached about a Case in London.

I’ve done about as much as I can with my limited knowledge of the English System, but the issue seems to be one of a Patient who either was or is subject to a s.3 Order but now needs a Care Plan for s.117 purposes before she can be discharged. I think relations between her and the Social Worker have broken down, and that seems to leave her effectively entrapped in the Hospital. Is that a scenario that occurs, and of so, is there a normal way to fix it?

I am trying not to tread on the toes of any Professional dealing with the matter, and really want to offer the Patient’s friend some kind of explanation of where things are, so that she can offer guidance. Any thoughts?

2

It’s common enough to need aftercare to be arranged before discharge. It’s hard to comment any further without more information.

The patient might consider appointing a solicitor and/or applying to the Mental Health Tribunal. She might agree to the solicitor speaking to your friend.