Hi im just wondering about a section 2
last Friday 2 doctors and a amhp came out
now they are wanting to send my son to a hospital tomorrow
i dont agree with the decision and im going to apply to discharge.
What im wondering is what happens if i dont allow them inside to take him
You do need to be very careful here because it is a criminal offence to obstruct an AMHP in the course of their duty so whatever you do, you need to ensure you don’t open yourself up to arrest by the police.
If you decide to literally not open the door, the AMHP can obtain a warrant from a Magistrate which would allow the police to force entry in order to take your son to hospital.
Talk to the AMHP or NHS staff - try to ensure they’ve heard your concerns and ask them to listen. But ultimately, s2 MHA is a legal process so it’s backed by various powers for the police to become involved.
I hope it’s resolved and any unpleasantness avoided. Remember: once your son is in hospital other rights and protections kick in, not just application for discharge but a MH tribunal as well.
Take care.
S.129 Mental health act (1983) obstruction of an AMHP is a criminal offence.
We normally apply for a s.135 (1) warrant to enter a private dwelling if owner doesn’t give consent.
We can also put a safeguarding alert against you.
We can also consider a displacement under s.29 of nearest relative if you are not acting in the best interest of the relative.
The responsible clinician can block your s.23 discharge if criteria of dangerousness is applied.
The AMHP does not need conscent from you for s.2. for application, but would do for s.3.
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.