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
He has lots of issues with anger and was diagnose with depression we are trying to get him out of prison. He is serving two years. And is not getting the help he needs there .. how can we get him out of prison. Into a program
lose all human rights and great evil abuse,i know im not the only one with similar storys,all i desperately want is an ucorupt team of people to help me,and my 24 year old granson.inow fear their conclusion is to and i know this sounds similarbut who better to use as a favour from one type of college to another to get away with the worst corrupt crimes but those that devised this hate crime against us,but them and as iv said everything that can and has been seen and done to us i have to tell them,when forced to with threats,and lies they get away with,abuseing the mental health act against you it seems that you cant escape them,im dessparate now as im 63 years old and quite some time ago they intemated that this age was not too young to die,now i fear their finel abuse and finnish is aproaching,suddenly i get a letter from them asking me to attend an appointment. Here in colchester,for a mental and phisical check up,i fear they will yet again section me and use their forced drugs,to induce heart attack or stroke, or similar ,i know i wont get out alive,hate crime completed. Im perfectly logic,as its so blatently obvious that these and many more things that have only happend sonce hate crime started and blatently cant just happen,they are doing it and we are reacting to it,which makes me loo
It is KEY that the family work with mental health professionals. It is the families right, if it's in the patients best interest.
I suggest anybody who is concerned for the service user family and friends ...
1. Put it in writing /print a copy for your records.
2. Covertly record telephone calls ,
If needs be record on premises. You the concerned persons is building up a case.
Note you have concerns of a professionals abusing there power. RECORD, LOG .
3. After gathering evidence you seek the person in charge. That's the person above your professional dealing with the service user.
Report a professional causing anxiety to the family, simply will not listen, will or is not involving families of care plans and treatment changes that may result in relapse or further pro- longed avoidable issues.
4. Remind the hospital or whom is dealing with the service user about Emphaty. Vital if you don't posses the basic human emotion they should not be working with vunrable individuals.
5. approaching an INDEPENDENT to assess needs, concerns.
6. Hospital assessors bring it to there attention., likely inspection will take place on performance, talking to the patients and seeing what things are really like.
7. Work with the profesionals who clearly have the service users best interest at heart, who clearly does like there job and is not corrupt. You will find many who indeed are willing to help.
Good luck!
The amount of medication they have been giving her, in the last 11 months, has almost killed her - by drugs she never needed, or has been overdosed. I thought under section, they have to give drugs the benefit the patients - but they are using my sister as a human ginipig - I REALLY FEAR FOR HER LIFE - and need urgent help - they feed her through an NG tube cause her new medication are mimicking stroke like conditions - drooling, can't swallow, etc..
Its heart wrenching - the hospital are not hydrating her. Is very bad.
what are her rights?
Tonight hospital rang us and said he had attempted suicide. We spoke about o him on the phone and he asked to see us. We asked staff if we could see him as he claims to have injuries from restraint. We requested this from mid evening and they have refused. Is this a breach of his human rights to see family
He was previously abused in another hospital and I believe we are justifiably concernedPAT
They say it's a 'step down' unit but upon investigation it is a hospital with wards. I believe this will hinder his recovery, not improve it.
Also no one from the family were asked about what they wanted, we object to him being moved so far away.
He is on a section 3 which is due to expire
Thanks for your help on this
Can CPS take your child if you getting the child help.
Back in December 2010 I had a manic psychotic episode and my parents called for an ambulance and the police accompanied them.
My parents informed both the police and the paramedics of my illness and that I was experiencing a manic episode and gave my belongings to them which also included my current medication at that time.
When put in the ambulance I was seated and quite happy to sit and as music was playing I was singing which was helping me to stay calm. Then the music was turned off for no apparent reason and I started to get frightened and I told the paramedic that I needed the toilet and she told me that I should just wet myself; I believe as I was giving her dirty looks and as part of my illness I obviously couldn't help this. She then preceded to exit the ambulance and left me with one policeman who was in the ambulance with me also and he handcuffed me really tightly and pushed me onto the bed, strapped me in and then proceeded to punch me in the face. Then the paramedic got back in the ambulance and we continued our journey to the hospital.
At the hospital the 2 policemen took me into the A and E Department and I was put in a cubicle with my hands still in handcuffs and whilst waiting they were abusive towards me verbally and by this time they had removed their number stripes and informed me that they were now off duty. Then one of them said he was going out for a cigarette and left me with the other one and he decided to punch me several times in the stomach and kick me as well.
Then as no one was available to see me at the hospital they then dragged me down the corridor of the hospital and threw me, literally, into the van and took me to the police station, where I was put in a cell till I could be accessed.
I then after I don't know how many hours was taken to the Edith Cavell Centre in Peterborough.
I still to this day remember one of the policeman's number which was 773.
I can't tell you how scared and frightened I was and I think its disgusting that police get away with this sort of thing.
I pray still that I never have another episode that involves having the police involved I did actually ring the police station whilst I was still under a section 2 and spoke to the main person to make a complaint but as you would be fully aware 2 policemen against me was a no win situation.
the husband/wife gets an absolute interest in half of the remainder and the other half is then divided equally between the surviving children. As for whether your father-in-law can make a Will, speak to the medical professionals for their assessment of his situation/capabilities. A solicitor will be able to advise on guardianship/power of attorney issues to help draw up a Will that is valid.
You will need to look into potential care costs if your father-in-law is detained further and power of attorney if he cannot function sufficiently to manage his finances etc
Source: Myself (in Ambulance Service and an ex-PC), The Mental Health Act.
Don't really know where to start.
Firstly I'm sat here in compleat despair not knowing where to turn for help/advise.
Searching the inter net for anything that can help me, I just need help on how to help my son.
My son now 17 has been in and out of various hospitals since 2011,(4 years ) sectioned 3 times.
This latest addmittion has been since jan14 (17 months)
He's been diagnosed with ASD and emerging borderline personality disorder (not fully diagnosed as he's under 18)
It has also now been said he has depressive conduct disorder
Which I do not agree with at all, the symptoms are the complete opposite to my son,
For them to think this they have no knowledge of him at all.
This last 17 months have been so hard for me as his mom, he keeps getting to a point where everyone feels his ready to come home then they give him so many hoops to jump through it makes it seem impossible.
He then relapses and self harms again (nothing like he use to) no treatment required.
The last month he has really been struggling whit lots of differant things, mainly other peers touching him, and sexual innuendos he ha s explained on many occasion to both staff and the peers how much he can't tolerate this, yet it's still happening daily.
he has lost trust in the staff and no longer feels he can talk to them, so it's been left to me to voice.
Last Wednesday I spoke to staff about his worries also about how worried I was about him,
Told them I would speck to my son and ring on Thursday to try and put a plan forward, I rang so many times and they weren't available, spoke to my son that night he told me he couldent take much more.
I tryed again to speak to staff that night and the next day nothing the person I needed was on a course.
On the Saturday my son had taken all he could and tied a ligature luckily he stoped him self,
My whole thoughts on this are it may not have happened if staff had of been there to take the time and Liston to me.
Or even taken the time to realize how much this was affecting my son.
My son is sectioned as it is deemed to be safer for him to be there than home.
What can I do as this is not the case at all,
I feel there neglect in this whole matter has led this to happen.
If this was going on in the work place it would be classed as sexual harassment, surly my son should not have to put up with it.?
To makes this whole matter worse on Thursday whilst my son was not in his room his docking station was broken.
This was my sons birthday present from myself and his dad the month before, this was an expencive present to try and make up for the fact he was in hospital for the second birthday in a row.
I was first told by a member of staff that other staff had gone down to tell my sons to turn his music down when they got there it was broke.
Today I have been told that staff went in as they hurd a bang and it was on the floor.
Also today I have been told that they will not pay as there is no p
BIG BIG scandal our local mental health hospital in the news papers for abuse and more so sad it was a locked unit!! Social workers and docs nurses who work in mental health please treat them like there the police and never trust them. Mental health and human rights under the mental health act LOOK IT UP ON THE INTERNET then FIND OUT IF YOUR LOVED ONE IS ON A SECTION what section is your friend family member on the person on section has rights their N.R. NEAREST RELATIVE does as well they have a right to take part in all CPA meetings on the ward or unit this is a care path way this will tell you how care is delivered and what treatment the cared for is having they hate any interference from family however if you want answers please attend because it will help your family to come to turns with whats going on. A section 3 cannot take place if the nearest relative refuses to give permission however social workers can remove the nearest relative if they claim they are not acting in there best interests but they would have to take you to court .All human rights solicitors are free for Tribunals they can make decisions about other issues so don`t give up you can find out where you nearest TRIBUNAL HUMAN RIGHTS SOLICITOR is from any solicitor even your Library Advice centre . Mind Mental health. GOOD LUCK EVERYONE KAT.X
My sister was admitted to hospital on 29th December 2014, following the sudden death of her her husband which she was witness to. My sister has since been detained there since and a compulsory treatment order has been put in place because of her short term memory loss. We have asked if we can take her home and give her 24/7 care there. Authorities are imposing this and are now over medicating her. Her son is the named person and is of no help whatsover. Please help i need to get my sister home before she is gone completely with the medication.
Thanks in advance
I'm going through a dirty divorce I'm now told. How a police officer and my spouse worked together and had me locked down. I stated my complaint to the police officer that my spouse had entered the house while I wasn't there and items were taken. I did as my lawyer told me to do. The agreement was between lawyers that I had to be notified and I would be at the home. While I made my complaint against my spouse the cop left and called my spouse. He told the cop I was paranoid and delusional. My spouse stated he was out of town and so it wasn't him. The cop and spouse are good friends. The cop came back and told me my spouse said I was delusional etc. With that I bent my arm to my chest and closed my fist. I was mad. There was a young cop there also.. My spouses friend the cop who wasn't even near me raised his arm and yelled repeatedly that I committed a felony. Again he yelled repeatedly that he would arrest me and take me in. I was so furious and angry I walked away. I did say what do I have to do call NCIS and I did smile but then I got really angry and stated what do I have to do call the FBI. I was just angry to no end. Then I found out my spouse called our son and stated to lock me down in a mental hospital or I would go to jail for assaulting a police officer. My son called the cop and the cop said he wouldn't arrest me if he locked me down as I had mental problems.
My son said he couldn't go to the judge for two days and the cop agreed he would not arrest me. The judge gave them the right to commit me. My son said it was better then jail. The cops came and arrested me and took me to a
psychiatric holding area. Kids and adults are locked down together. What those kids saw and what I saw I will never forget. I would have rather gone to jail as it was hell.
I still didn't know what the heck was going on except my family committed me. I had no cell phone so I couldn't call anyone. I just vanished.
My spouse told them I was suicidal, paranoid, and delusional. My spouse new the BAKER Law and won. Police have the right to arrest you if you are suicidal.
Three days in the holding area I was hand and ankle cuffed to a cop car and taken to a psych house. While I was there I was treated like I was crazy and suicidal. Ordered enough psych meds to knock me out like everyone else. I did not take them.
Also while I was there I had a seizure. I do have epilepsy but I was seizure free until all this happened. When my roommate went to get them and I woke up they just walked out of the room. In the chart they stated I was mumbling for several minutes plus, and no seizure seen. The MD also agreed with the RN and stated I made it up to get more seizures meds. My spouse told the kids I have OD on my seizure meds before. It took them over 24 hours to call my neurologist. Once I finally fell asleep so
I am a mental health Advocate, after reading through some of these posts I am worried about how the people being detained and their families are being treated.
For your information, anybody who is sectioned under the MHA has a statutary right to speak with an Independent Mental Health Advocate (IMHA). This is somebody who can help the person to understand their rights and to exercise their rights, it is the duty of the hospital staff to inform all service users of this right. An IMHA helps people to be heard and can support them in raising any issues they may have while being treated in hospital and can also help them to access a solicitor.
The nearest relative also has rights under the Mental Health Act, you will find more information on the nearest relative rights by just googling it.
Some hospital also provide a benefit service where a benefit advisor can meet with patients and help them to understad changes to their benefits or help to apply for some benefits. It may be worth asking the hospital if this serice is available.
Hope this helps in some way
You must fight in the courts. My mother went into hospital in December 2013 for a hip operation. Because she also has dementia the hospital and social services refused to let her return home to live with me, they want her to move into a Nursing Home. They have used the Mental Health Act to prevent me from taking her home. She is not being treated for her mental disorder, which means that she is being unlawfully detained. I appealed to the SheriIff Court but did not get a fair hearing, so I am now appealing to the Court of Session. I am without a solicitor, but I am determined to get justice for my mother, so that she can spend her final years at home, as she wishes.
I beleave this is very wrong they are human and have family
have heard from a friend that they were moved to high security mental health unit in milton keynes that only allows you to smoke 3 times a day. having being locked up in bodmin myself and not allowed out of my room at night, i can believe this.
what human rights do we have regarding smoking - as i believe you can smoke in prison. what is the difference?
Thanks
Rosa
with reference to gillard. i really feel for you. i have been in a mental hospital for 6 weeks and i know they are deceiving the law and i have even written to the speaker of the house of commons. they are playing games and using the police to do so. they believe in illness where you dont. then they can say you are ill when you dont know it. they have inferred all religions are delusional which means they force their care on you instead of allowing you to seek the love or friendship you want and need.i found that they were denying all the positive possibilities of alternative medicine. they are their own church with forced conversion units called mental hospitals. i dont know how many people are in gillards kind of situation but you are not alone. i have been passing the information around the web!! so plenty will know soon and you should get your freedom and happiness back !!!
they are saying i am not good at crossing the road and are trying to section me until i get better at crossing
i am 26 years old and choose not to cross at the crossing
i am slow but feel i am as safe as the next person
surely this is not what the mental health act is for
i was treated for anxiety and depression and have not been sectioned it was thought i had capacity and knowledge about my condition following the birth ofd my daughter two months ago i asked for help and here i am!
He is currently in a secure unit and has been since 11 april 2012 and he was receiving D.L.A. and has a flat paid for by the council.
Now because he's been in this secure unit since april the council are threatening to stop paying his rent by 28-6-12 which would mean he would be evicted thus homeless and would have to find a new flat after his release.
So my question is? Is there any help or funding or grants to hlp with this issue as the nottingham council say that this is an un-herd of case and have no idea what to do regarding the issue.
Basically there being useless and not really looking into the problem it's ok for them to pay 7 months for criminally convicted people but they only pay 11 weeks if your mentally convicted!
Now surely that can't be right can it?
So any help and advice will help me and my family greatly thanks in advance pete.
I have recently been detained under the MH act that I feel is wrong. A few years ago I suffered grade 3 pre cancer and I was feeling tired, my throat lumpy, under arm lumpy, extreme pain in my back and I asked if I could have a smear test. I was turned away 5 x because they said they have a screening programme and I had to wait four months. I explained that I had grade 3 before and I was concerned, I said that diabetics and people with heart disease can have piece of mind by visitng a chemist or by going to their doctors for test why not for cancer? I cried and was in severe pain in the back and the doctor said it was all in my head and sectioned me. I got out a week earlier than planned as I did not make a fuss, I don't need Quentiapine medication and throw this down the sink each night and have been doing so for months, yet pay for the meds to keep the GP's happy.
I can not understand why this has happened to me in the first place and why does no one listen to patients? I am still non the wiser if I have my cancerous cells back.
I have complained to the ombudsman, yet feel that this is a total minefield and they just come back with other names and other addresses of people to contact, to complain to.
I think there is a lot of people out there getting diagnosed as having an MH problem for no reason, to me its big business and maybe they should be investing more in cancer screening in chemists, if they cannot be bothered to look after people who have had severe pre cancer in the past.
I
The answer to your question is 'YES', they can be. Whether they will be or not, will depend and each case turns on their merits. It should depend on a balance of many compex factors: how serious is the assault, what is the mental condition of the patient, what is their legal status (I appreciate you've provided this); what is their background in terms of any previous violent behaviour, either in the form of criminal convictions, or previous arrests for violence which were 'diverted' into the MH system as well as any previous potentially unreported behaviour; what is the opinion of the victim of the crime (whether it's a member of NHS staff or another patient) and what is the opinion of hte Responsible Clinician in charge of the care of a patient.
Once all that is known, it is a question of weighing to a conclusion - in general, the more serious the offence, the more 'previous' a patient may have, the more information available that supports a view that depsite their mental illness the patient had sufficient awareness of their actions and the consequences of them, the more likely a prosecution. Obviously, the opposite is true regarding more minor offences, by people without a violent background where MH may well impair the congnition to a degree which impaired their judgement - perhaps because of florid psychosis or the effects of (strong) medication.
It's then a question of balancing the public interest - the Code for Crown Prosecutors does highlight that serious mental illness is a factor against a prosecution. But it also provides examples of factors that may push back against such a presumption and which would mean a prosecution is both possible and desiberable.
It should be borne in mind that only a criminal court can impose an order under Part III of the Mental Health Act (eg, s37 or s37/41) and if it is felt by police / clincians that the best way to balance a patient's need for care and treatment, with the security of the public (which would include NHS staff) then a prosecution may be the only way to achieve this outcome. (There is a 'criminalisation' argument about whether this is the right or wrong way to structure our law, but it is correct as of 2011.)
Hope that helps because it is a complex decision as to whether to do it or not.
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