I wanted to ask about the legality of my current admission.
I have been put on 1 to 1 observations for enhanced support and keeping me safe.
I am an informal patient but my consultant and inpatient ward team are contemplating using the mental health act and putting me on a section because the current treatment is very restrictive.
I want to remain informal on the ward though and i am agreeing the the treatment that i am currently receiving. Yes it is restrictive but i think the 1 to 1 observations are helping me and i agree that it should be in place.
If i am agreeing to the restrictive practice and consent to it then surely there is no reason to use the mental health act and ask for a assessment to put me on a section?
Id like to know what and how to frame my argument against being sectioned as i am still informal but my doctor wishes to section me ptoetnailly and wants to meet with me in a coupke of days to discuss.
Would appreciate any guidance and support. Thank you
Essentially it’s about whether or not you have capacity to consent to the restrictive interventions. That would involve a specific assessment to see if you can understand the information about why these interventions are necessary, retain that information, weigh it up (ie what are the benefits and risks of stopping them) along with being able to communicate your decision.
I would be surprised if the clinical team was considering a mental health act just based on 1:1 though, it’s probably more around why the 1:1 is necessary. Mental health act assessments can be requested if the team think it is only possible to treat under section/ if there is evidence of attempting to leave / non compliance with treatment/ risks are too high to manage someone informally (risks to health safety or for protection of others). For example of a patient was deemed a risk to others or themselves and that is the purpose of the one to one then an assessment is often required under the mental health act for a variety of reasons (but not the 1:1 itself).
Also useful to know that a team/ consultant cannot make a decision to section in isolation. A mental health act assessment would be required, likely involving your consultant, another doctor (as there must be two) and an independent approved mental health practitioner. Only if all three agree can a section be put in place.
Also useful to know that a section shouldn’t really be seen as a negative thing. It can ensure a patient gets the treatment they need and if section 3 allows for section 117 aftercare. There is also the power to appeal if a section is put in place. I would suggest speaking to a IMHA (advocate).
Hope that is helpful and best wishes for your recovery.
Thank you Sophie.
That helps a lot to know all of this.
At the end of the day i have capacity to consent but they are saying that they are worried that the 1 to 1 and restriction in place at the moment is too restrictive for a informal patient but i am in agreement and consenting to the treatment. I am not against it and at the end of the day i am able to agree to the 1 to 1.
I hope that it does not come to sectioning or having an assessment as i would rather do this informally. Ive been sectioned before and its not helped me long term.
Thank you for the guidance!