Hello, I am currently under section 3 of the mental health act and I would like help understanding this. My NR filed an NR appeal and it got barred however, the social worker verbally told my NR that it was barred. My nearest relative hasn’t received written or even verbal confirmation of the barring by my RC. I’ve searched online and apparently this goes against section 25(1) of the MHA. I would like to know if this is officially barred of if I can be discharged due to this failure? Thanks
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Hi Olivia
Just to be clear, I’m a lawyer but none of what follows is legal advice. The only real advice I can give you is this: get yourself a specialist lawyer (if you haven’t already).
So this is just a short explanation of what I think the relevant law says, which might be of help to you and others in a similar position. Also, because it’s only what I think, it isn’t guaranteed to be right. The advantage of forums like this is that if I get something wrong, others can correct me!
Now, to section 25. There’s basically two parts to the process: first, the barring itself, and second, informing the NR about the barring.
First, the barring. The thing that keeps a person detained despite an NR’s order for their discharge is the RC ‘furnishing’ a report to the hospital managers. Furnishing just means giving (and there are various ways this can be done). If the report’s furnished within 72 hours of the NR giving notice to the managers, in writing, of their intention to order discharge, then that order for discharge is of no effect (i.e. it’s cancelled). There’s a specific form for the RC’s report, called Form M2; the RC needs to fill out Part 1 of that form.
Second, informing the NR. Once all the above has been done, and where the patient is detained under s.3 or is on a CTO, the hospital managers then have a duty under section 25(2) to let the NR know that it’s been done. They don’t have to do this directly themselves – they can ask someone else to do it for them. The exact statutory language is:
In any case where a report under subsection (1) above is furnished in respect of a patient who is liable to be detained in pursuance of an application for admission for treatment, or in respect of a community patient, the managers shall cause the nearest relative of the patient to be informed.
As far as I can see, there’s no form or procedure for how the NR must be informed, or even a time limit for the informing to be done. It’s all a bit vague. And, perhaps surprisingly, the Act says nothing about the patient also needing to be informed about any of this, even though it’s all about them. For what it’s worth, I think that’s wrong.
I say nothing about whether all this has been done properly in your case. If you have doubts, then the best thing to do is ask a good solicitor to look into it.
Hope this helps
Roger
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Some will say that I’m sticking my neck out on this. I am giving opinion - not advice - based on the text of what was in the OP.
On this particular point:
You wisely identified the relevant law and will have discovered that the mangers (who are not actually part of hospital management) are responsible for informing the nearest relative of the barring.
IMHO a person in your situation and their NR will naturally have locus standi to make inquiries, consequent to any real or impending disadvantages.
See my standard tips for taking action at Advice about CTO tribunal -- hearing imminent but not heard from solicitor - #8 by CaptainWalker repeated below:
- Avoid phone calls to ‘people’ and ‘organisations’ - because they tend to be ignored - from my long experience.
- Emails: same as above.
- Obtain legal advice and/or action.
- If no means to obtain legal advice, then use the information from the linked article (after double checking) to put in stiff letters to various ‘people’ or ‘organisations’. [ The Pivotal Role of the Nearest Relative in Mental Health Care]
- If sending letters ensure proof of delivery is obtained.
- Always keep 5 backup copies (3 electronic and 2 paper copies)
- Always request or demand responses within a reasonable time frame such as “X working days”.
- When in doubt, consider writing the ‘a Chief Exec’ and or MP.
- Keep an organised file and prepare for ‘battle’ or ‘war’.
- And finally psychological preparation is ‘everything’ as these things are so stressful. But ‘Never back down!’ https://youtu.be/xy921Pn3lhA - no it’s not ‘devil music’ - as I’ve been told - see lyrics Two Steps From Hell – Never Back Down Lyrics | Genius Lyrics - it’s my song before I go into battle. It may not work for everybody. Cheers.
Best Wishes.
I agree with Roger that the RC furnishing the barring report is what keeps you detained, and the managers causing your nearest relative to be informed is a separate thing. And I agree that you would be better off with a lawyer.
Your nearest relative can apply to the tribunal within 28 days of being informed about the barring report. There’s some more information about that at: Right to apply to Tribunal - Mental Health Law Online. The hospital managers likely will also hold a separate hearing. As the RC stated that you’d be “dangerous” on release, the tribunal and managers would consider whether that is true.
Incidentally, the different statutory roles of the “managers” are carried out by different people. It’s the Mental Health Administrator who likely should have had the NR informed of the barring report, but it would be a panel of other, largely independent people who would hold a hearing.
A post was split to a new topic: How do NR discharge requests work, in particular the 72-hour period?