Thank you both for the information i appreciate you taking the time to reply.That definitely doesn’t sound a option then i just feel very strongly its not in my sons best interests being admitted. Me applying to discharge seems only variable option based on the information you have both shared is that a option tho realistically? or is it a no they wont discharge him.As i really dont feel the assessment my sons opinion or how his situation is and the improvements with his weight meant anything it was as tho it was decided the outcome before the assessment in my honest opinion
Firstly, you’ll need to establish whether you are your son’s Nearest Relative under the MHA because you can’t apply to discharge him unless you are.
If you confirm it: you then have a right (outlined in s23 MHA) to apply to discharge him from hospital and they must then do so unless the psychiatrist in charge issues a notice under s25 MHA which they can only do if “likely to act in a manner dangerous to others or to himself.”
So ask the hospital to explain what they need for a s23 instruction and for a sense of whether the psychiatrist would block it. Remember: they can only block because of “dangerous” risks - it’s not the same thing as the grounds to section someone in the first place.
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They did block it should they of explained why the letter is very basic no explanation also they are holding a meeting and let my son choose a solicitor said i can also get a solicitor if i want to.What does this im assuming hearing entail usually?
Well, the law doesn’t seem to say they have to explain reasons beyond confirming their belief that “dangerous” is a threshold met but common courtesy and professionalism would imply they explain the reasons and nothing in law prevents you asking them to do so, in order that you can decide your next step (whether that be with or without legal advice).
Is the “meeting” a mental health tribunal - I’m asking because they are saying your son can choose a solicitor, so it implies it’s some kind of legal hearing like a tribunal.
Maybe one of the AMHPs or solicitors can explain what that hearing might entail as I’ve never had to attend one, so can only say in general terms it’s to review detention under the MHA and listen to argument about whether that detention should continue.
Hospital managers should supply their reasoning behind any action. Stops the individual going to the Health and Social Care Ombudsman/PALS for complaint purposes.
Any patient under the MHA (1983) is entitled to the advocacy services and an Appropriate Adult if they so wish, regardless of legal representation via a solicitor. This would be the Independent Mental Health Advocate (IMHA) services.
When a patient is detained under s.2 or 3 there is the Nearest Relative (NR) not only for s.23 discharges but if a patient appeals, the NR is entitled to have their views heard by the Hospital Managers and/or First Tier Tribunals i.e. Mental Health Review Tribunal.
Next is the question of? Can the NR attend Ward Rounds and Discharge Planning? Yes, if the patient is consenting to it. Just because you are barred from exercising your right under s.23, does not mean you have been displaced under s.29 for NR displacement.
There is nothing holding you to get an advocate of your own e.g. MIND if they so consent. If you get a lawyer of your own accord, you will have to pay for their service.
It’ll be a hospital managers’ hearing – there are some details at Hospital Managers' Hearing - Mental Health Law Online. Some notes about “dangerousness” are at Dangerousness criterion - Mental Health Law Online.
It is the hospital managers hearing thank you all for the information it really is helpful
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