In our society there are those of us that require treatment for something other than broken bones or disease. Mental health is one of those issues that few people are willing to face, if someone has a cast on their leg, you can see immediately what is wrong with them; with mental illness it is difficult to know what to say, or do. We are often shown pictures in TV dramas of sociopaths and the mentally ill, as if they are all to be lumped in the same category: dangerous.
If you believe your rights or those of a loved one have been violated during detention or treatment, you can describe your situation using our free Rights Situation Checker.
This is prejudice in one of its worst forms, born from a lack of understanding.
While the Mental Health Act and the Courts have not provided a definition, preferring instead to consider each person on a case-by-case basis, there is a general definition of ‘mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of the mind’. This is very general and, since we still know so little about the workings of the human mind; maybe that is right.
The Mental Health Act
While the Act does not give a specific definition, it has given three distinct forms of mental disorder:
Severe mental impairment – which is incomplete or arrested mental development, usually with serious aggression.Mental impairment – similar to severe mental impairment but with arrested intelligence and not as high a level of aggression.Psychopathic disorder – which they term a ‘persistent disorder or disability of the mind with abnormal aggression or sociopathic tendencies
Now, I don’t know about you but they all sound fairly similar to me, however, I am not a Doctor so perhaps there are significant differences.
Describe what has happened and find out which UK human rights protections apply and what you can do.
Try our Rights Situation Checker free, here on this site →Informal Admission into Hospital
If a person is sufficiently aware that they are suffering from some form of mental illness, then they can choose to be admitted into hospital for treatment, just as they would if they had pneumonia, for example. Once admitted, they retain all their basic rights for care and protection from harm. Their rights are not diminished or restricted just because they may or may not have a mental disorder.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Admission Via the Court
A person can be forced to have mental health treatment if the court or another responsible body, such as social services, deem it necessary for their health and safety. This is known as ‘sectioning’ and is often treated as a last resort. This can be done for up to six months and would need to be renewed at the end of that period if further treatment is required.
An individual can also be admitted against their will for assessment, possibly following treatment, for a period of no longer than 28 days, under Section 2 of the Mental Health Act. If the treatment is unsuccessful or if the medical staff feel that further in-patient treatment is necessary then they cannot simply extend the stay; they must apply for the patient to be ‘sectioned’.
The Police have also been granted various powers to remove a person from their home or from a public place if there is a serious threat to life. They cannot admit someone to a Psychiatric Unit, however, they must deliver them to a hospital where the patient can be detained for up to six hours by the nurse or transferred to the requisite unit by a Doctor.
Patients Rights
During all of this it needs to be remembered that the patients themselves still have rights; they may, for the most part, be able to function in a lucid manner and understand what is happening to them. They are also still entitled to have their needs met in the form of food, housing and protection from abuse and harassment.
Were it not for the circumstance they find themselves in, then they would have every right to claim a breach of their human rights by the very fact that they have been detained, however the European Court of Human Rights, and our own Parliament, has stated that it is lawful to detain someone under these circumstances. In addition, the Mental Health Act goes to great lengths to ensure that patients are made aware of what is happening to them, the treatment they are to receive and that, if they wish, they can apply to the Mental Health Review Tribunal for an independent decision. You can read more about the type of medical treatment you receive and who consents for it here.
On Wednesday morning I found myself in a dangerous situation and started to have a panic attack (I often have these) I called for help as I knew the panic attack would have catastrophic results if I couldn't calm myself, talking helps. Within a short time police arrived, I was helped out of the situation and led away, by this time I was in full panic and not functioning well. The police informed me that I was to be detained for my own safety. It helped calm me, just the word 'safety' was enough.
I was taken to Wotton Lawn in Gloucester for my safety and to be cared for as a vulnerable person. I vaguely remember someone telling me my rights and it was basically that I had none. I was to wait for evaluation by three doctors and a senior member of the unit staff. Whilst I sat waiting I desperately tried to put together the events that led to me wanting to end my life, it didn't make sense to me and it is unlike me to throw the towel in, I have come close to death several times in my life and I'm not yet ready to give up. The more I tried to make sense of it and couldn't, the more panic started to build again.
The panel of four assembled themselves in front of me and I felt suffocated, the questions came and I struggled to give coherent answers (very common with my fibromyalgia - worse in panic situation) - one of the doctors berated me because I was calm before the assessment started, this felt hostile and deepened my panic. The point to note here is that these four medical professionals were assessing my mental stability whilst I was having a panic attack. The decision was made to keep me for up to 48 hours for care and monitoring. I had no problem with this but once my panic had subsided I wanted to know about the process, what would happen, what would be done about my vehicle which was in an unsafe place. None of these answers were given, lots of platitudes such as "we know it must be confusing", "everything will be all right once we get you settled in" and so on. Whilst waiting to transfer me to the accommodation the manger, whilst on the phone in another room, deliberately raised her voice whilst saying "If we have to get hands on ....." I was astonished and immediately put on edge. Four male nurses soon appeared clearly with the intent of physically transferring me if I was not compliant. When all four came into the area I was sat in I said clearly "you are making me feel threatened, If anyone UNNECESSARILY touches me I will defend myself, THIS IS NOT A THREAT I have military training and I will instinctively use it in my defence, there is no need for this I am not going to run away, I just want you to tell me what's going on".
I would like him to be transferred to another hospital asap as I am worried about his safety.
I would appreciate your reply. Please don't say speak to advocate or social worker there as they will not admit their guilt. They would rather blame my son who is extremely vulnerable.
I have had a crisis and tried to kill myself on a railway level crossing three weeks ago. Last week the psychiatrist phoned and offered me hospital admission to change my medication to the second option suggested by the Professor but I said no as I wanted to try the CBT for longer with the current meds. He then turned up the next day with my care coordinator and I still refused hospital admission. He said that he would apply to section me then, under section 2. I got a phone call saying that they would all be coming to my house at 1.00pm the next day to do the mental health act assessment. So I ran away so they couldn't do it.
I came back the next day after talking to the AMP who said that the team had decided not to carry on. I later phoned my care coordinator to find out when the consultant would next see me now, and when she would visit and she said that they were discharging me as I had refused to go into hospital to change the medication. I would go in in after the CBT has been tried alongside the current medication for 12 weeks if it doesn't work but they are not listening.
I don't understand how I could have been so unwell and at risk that they were trying to compulsory admit me, and then two days later I'm well enough to be discharged.
I am on some medication that is so much higher than the BNF dose that the psychiatrist had to get permission from the Trust pharmacist to prescribe it, even though it was recommended in the Professor's report.
Is there anything that I can do about this?
Schizophrenia and no income or insurance. His mother had to call mobile crisis and place him in a private mental hospital. He didn't like it. Reason for the removable from the home.... totally unsure but he is very large aggressive man that is very threatening toward his mother and step-father on a day to day bases. He fought back and attacked a few people and a police officer. They arrested him and took him from that mental hospital and placed him in a state lock down mental ward until the court hearing which he will face 3 assault charges. His mother is worried about what to do since he has no income or insurance. Any advice??? Very Concerned.
Opened up my case. His lawyers Secretary sent me papers and bills I hadn't seen. June 4 per my lawyers request. Dennis is coming back to the house and taking what is mine. Joint so legal by the police. My lawyer refused to go to the magistrate. Domestic criminal trespassing law he says he doesn't have to. Tell the cops he should be arrested. So I gave my complaint to a cop of what was stolen. The cop left and called my X. He came back said I was crazy and more. Angry As I bent my arm to my chest and said what. Fist closed and he yelled felony felony but since he new my now x he wouldn't. I just found after I left him when I was sitting on my friends front porch 2 officers drove by. There report says disturbance. Another one says I called them. I didn't have my cell with me. That day I had called my lawyer about the officer yelling felony at me and that was it. Told him to get his act together. 2 days later Dennis's lawyer calls mine. He said give her a guardian. Within 2 hours Dennis is in court. I was delusional and persicutory against him. The cops name is in my IVC. I was crazy found under a tree. No mention of the two fictious police reports. But the one where I was sitting on my friends front porch they just put down disturbance. That might I was taken away. I vanished from every one for 19 days. I called my Lawyer. I'm just your divorce lawyer. In the nurses notes Dennis calls the unit and says he is my son and throws in suicide. 4days later I got to call my lawyer. Oh he would take care of it. A letter to the police and many higher up government employees cutting down the chief how I was mistreated. He didn't tell the police where I was. Next he calls the RN. I'm her divorce lawyer and he didn't know why I was there. Then he was working on giving me a power of attorney. My lawyer every one thought he was for me. He even talked to the magistrate and lied or moved around of words. Oh how caring he was. Day 17 I finally got an advocate. She said she would get me out ASAP. I just found out there was a court date the next day. My lawyer that day called the staff and told them he had a guardian and power of attorney. I was fine and discharged. With days the sheriff comes to my house. Dennis is taking me to court for a guardian. Now found my lawyer was taking me to court. In case of insanity to give me a guardian. Told it was Dennis who filed. Just prior to court he can't go and sent another lawyer. Met
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