I have been considering this carefully.
The DHSC issued the SHARE Consenus, which discusses this topic but make it clear, an adult, with capacity, who poses no risk to others has the right to make their own decisions,
However, despite this guidance, some authorites such as Surrey County Council supports AMHP considering a section even where they are aware a person has no mental Ill health.
I am of the opinion that ‘forced’ contact by an AMHP where an adult has been assumed to have capacity, dissents to contact, is not known to MH services and where contact would be known to have harmful, breaches their Human Right to freedom from authority interference and fails to acknowledge both an AMHP role and the Consensus.
Further guidance on this would be helpful,
Thank you