How long a patient can be detained in a medical hospital until there is space available in a psychiatric unit?

Law and practice Mental Health Act
1

Hi I would appreciate any legal knowledge as to how long a patient can be detained in a medical hospital if there is no space available in a psychiatric unit? My daughter (adult) has been placed on a section 2 and has been told she is number 16 in the waiting list for a psychiatric bed in Notts where we live. There is another patient in her ward who has been waiting for over 3 weeks.
Thank you

2

Is this a full section or a recommendation ?

3

Section 2 following a MHAA

4

The Section lasts for 28 days then has to reviewed
It saves the hospital using a DOLS but a DOLS should only be used if the patient is still not medically optimised and has not deemed to have capacity and is refusing treatment
In our trust we do not have a licence to fully section patients on a General Hospital ward it is only a recommendation once a Mental Health bed has been identified then a full Section 2 will be completed by the AMHP

5

Thank you.

I was aware it’s 28 days but have been told there’s no psychiatric bed available so it may be weeks before she is able to move to one. Is this acceptable practice?

6

Its totally not acceptable practice but a lack of resources is the problem especially in our area

Patients have been known to be waiting in our trust for upto 3 months until a Mental Health bed is identified

My only advice is to keep pressure on this Trust by speaking to the Director of Nursing and involve CQC

7

Essentially indefinitely as long as the team are satisfied that detention remains appropriate and necessary (and in the case of a Section 3 being made, that appropriate treatment exists there).

Your daughter is able to apply to the Mental Health Tribunal within the first 14 days of her Section 2 if she wishes to appeal against her detention. She would also be entitled to free legal representation to assist her with this. A normal hospital may not have the usual list of solicitors but local ones can be found online to call for advice. Alternatively, she can ask for an “Independent Mental Health Advocate” (but she may have to wait a few days to see one) who can help her submit an appeal and find a solicitor .

1 Like
8

Just re-read post properly

Indefinitely yes

But your daughter should have a responsible clinician in charge of treatment who is an approved clinician and therefore treating mental health

9

Thank you for taking the time to reply and give advice.