Discharged from CTO and don't want to be subject to s117

I was released from hospital several years ago…and placed on a CTO…

being kept on it because MHT members put into legal documents that I had criminal convictions for various crimes,for which is not true…I continuously complained to have this corrected,but it remains on my record still to this day…after several years of complaing and demanding an investigation be carried out .stating the points of law that they had broken …

eventually the CTO was removed…

then I received a letter stating I had been placed upon. Section 117…

I have lived alone without any need for assistance in the several years of being released…as when I was released in 2018…after being detained for two and a half years…for which in all this time they could not diagnose me, eventually one day said I was a schizophrenic that heard voices and as also bipolar…I had never heard voices and had and have never suffered from depression…so upon my release I wanted to return to my family home,for which they said no…I had to live where they said…

So… nolonger on a CTO…I received a letter stating I had been placed on section 117…,I can’t see how this applies to me,it’s been several years since my release,I’ve lived alone in all this time having no requirement for any assistance…and I’m nolonger on the CTO…I’m at a loss .I’ve inquired with the MHT…but no one will talk to me,

https://www.mind.org.uk/information-support/legal-rights/leaving-hospital/section-117-aftercare/#WhatIsSection117Aftercare

This link provides a lot of information on what section 117 is - it sounds like it is aftercare services from the MHT - so, it doesn’t sound too bad - they appear to help with areas of housing / medication (not great if you are perfectly well; even if you are not too) or employment etc.

You can only be placed on section 117 if you are not under a CTO. So you are currently not registered as a CTO patient.

From what it sounds like - you are essentially trying to figure out a way to free yourself from your initial diagnoses which stem from the falsely alleged criminal convictions within your MH files.

Looking at it - I’m not sure entirely - but could it be possible for you to obtain police records about yourself under a Subject Access Request application? Maybe if you have official documentation showing you do not have any convictions that could then be shown in some form of legal court to remove you from the grasp of the MHT?

I have spoken with the MHA NHS and I’m not subject to be on a section 117…and I can’t be placed upon it without myself agreeing to it,

I have never required any help or assistance in my entire life…and I certainly do not require it …

the MHA… NHS…see people as cash cows .as the NHS is funded by central government…if on a CTO…it costs almost £100,000 annually… per person…for say up to six half hourly meetings a year…and the cost of a section 117 is similar…it’s a total abuse of people in power to keep themselves in employment…,

I myself being caught up in the system after a friend I made a personal loan to decided to make false accusations against me to get out of repaying the loan…I found myself being arrested…denied access to a solicitor, held for twenty four hours,and taken to a mental health secure hospital…after my release…I attended a court hearing where all charges were dismissed…yet the mental health team refused to accept the courts judgement…and I was taken back into the system…my whole life was destroyed…as the mental health team put into reports of my having convictions for imaginary crimes…that they insisted I had,but weren’t factual…this led to claims of my being mentally unstable because I would not admit to the imaginary crimes made up by the mental health services…

I was sectioned…and eventually released…placed on a CTO for several years because of the statements made against me…

it took all this time for them to admit they were in the wrong… thus I was taken off the CTO…

I’m currently attempting to retain a legal team to take proceedings against the NHS…but because Ive been unable to work in thirteen years I’m broke,

my health has deteriorated to the point of heart …liver…bowl …blood…etc problems caused by the side affects of the drugs I was forced to take against my will…I’m unable to work…thus trying to access legal aid…

Whilst in the system I met others similar to my own experiences…it’s a dam disgrace…

I made a number of phone calls today…I was told I was on a section 117 because I was on medication…for which since I’m nolonger on a CTO…

Im free of their power over me…thus I do not have to attend meetings or take medication which has ruined my health…and I can’t be recalled to hospital…thus I do not agree to be placed under section 117…as since I do not fit the criteria for a section 117 I can’t be forced to accept being placed on a section 117…

(The abbreviations that people are used to are MHT for Mental Health Tribunal and CMHT for Community Mental Health Team.)

Section 117 just imposes a duty to provide after-care services to patients who leave hospital after having being detained under section 3 (and some other long-term sections). It’s an obligation on the state to provide services rather than an obligation on the patient to receive them.

You have been subject to section 117 since your discharge from section 3. The relevance of the CTO here is just that the section 117 duty can’t be ended while a CTO is in force.

I’ve never done this in practice – often the s117 duty is seen as a positive or at least neutral thing – but maybe you could persuade them that you are “no longer in need of such services” (those words are from the section itself). I don’t know whether that would make much difference in practice in your case. A local mental health lawyer might be able to help you under Legal Aid – if you are broke you’d meet the financial eligibility tests.

It’s true that while off the CTO you can’t be “recalled” to hospital, but like anybody else you could be detained in future if this were considered necessary.

Yes - made an error - I was referring to CMHT above with my response. Not the tribunal panel.

How would Forster 1964 persuade the CMHT that they no longer require the services from them? The only way I can see it is if they provide documentation to show they can manage their daily living by themselves etc. Possibly have an independent advocate with them to support what the person is trying to say.

I would say that would be a good idea to go to the CMHT in an arranged meeting with the advocate; then attempt to relinquish the section 117 duty from them towards yourself Forster 1964. Being on your own just makes you an easy target. Best to have someone there whenever you do communicate with them.

Also if they acquired a lawyer - how would they support the person to become independent? Can they open a civil hearing or is the MHA still in play here so they can request a hearing of some sort to relinquish duty?

A local mental health lawyer might be able to help you under Legal Aid – if you are broke you’d meet the financial eligibility tests.

How does legal aid work? What are the financial eligibility tests? Once a lawyer is obtained what areas can they try to resolve and for how long?

I’m now aware of this…and since I have not recently been released from an hospital nor on any retention orders …and have never in my adult life required to take care of myself…I found it very odd to receive a letter stating I should accept a section 117…,for which I made a number of calls to rectify this matter…I’m not on any form of medication or under any form of restrictive supervision…

What did it say in the letter? Did it give you a choice - are these aftercare service optional? They did not reply back to you when you called them?

Do you think it is possible for you to screenshot the letter - redacted out your personal information e.g. address, name - anything that identifies yourself - and then post it as an image for me to see? No problem if you don’t want to or can’t - I’m just curious how these teams carry out their work.

Based on everything written - they appear obsessed with keeping you detained. There’s got to be more here to work with for yourself - appears greatly unfair.

The letter imposes that I should accept being on a Section 117…,it stated I’m nolonger on a CTO…but should accept a section 117…,after making numerous phone calls…I managed to speak to one guy …whom said I had to accept a section 117 because I’m continuing taking medication…I explained that since I’m nolonger on a CTO they have no power over me…which means I’m under no obligation to continue to take medication for which I had to against my will for twelve years.for which the side affects have had a devistating affect upon my health…I went from 10-9 stone to over 19 stone…I now have a heart condition… suffering multiple heart attacks…I have liver damage… stomach problems…bloodsuger problems…and I’ve been passing blood from my anus from the very beginning of taking the medication…I pass blood daily…I’m a boarder case concerning diabetes.for which my GP and the diabetes team demand I loose weight,for which I can’t because the very side affects are weight gain…the side affects not only destroyed my body but also affected me mentally…as side affects are, destruction of brain cells,causing congenial loss of basic functions…I’ve suffered insomnia for twelve years…stress , anxiety…which leads to mood swings…I’ve also been unable to have sex…as the drugs are inhibitors …I was once a very active physically man…,all my life exercising and an avid reader…for which by being inhibited by the drugs I lost all interest in everything I once held dear to me…my eyesight was affected… unable to read , even with bifocals I still could not focus…I suffered constantly with headaches…blinding migraine…I spent the last twelve years simply lying down with my eyes closed,covered… When I complained of what I was experiencing,the doctors would say,your making it all up…I even went on the internet and found out for myself the damaging side affects of all the drugs I had been forced to take against my will…reports from medical boards, associations,but the doctors refused to accept the reports…saying I was deluded making it all up…