Showing posts with label s. 136. Show all posts
Showing posts with label s. 136. Show all posts

Friday 16 February 2018

A very strange choice of questions in the #MHAReview survey !

A very strange choice of questions in the #MHAReview survey

More views of - or before - Cambridge Film Festival 2017 (19 to 26 October)
(Click here to go directly to the Festival web-site)


15 February

A very strange choice of questions in the #MHAReview survey (and my attempts to answer them, without being sectioned) !





Q1. Based on your experience, do you agree or disagree that being sectioned has been the best approach for your mental health needs ? Please explain your answer.

1. Being 'sectioned' is, in itself, a piece of jargon that we do not need - it is worse than when the language was 'committed', or 'certified', and has no objective justification : unless Regulations determine whether, for example, the police can detain a person against his or her will, such a detention will be under some section of an Act of Parliament, but we don't call that 'being sectioned', but (usually) 'arrested'.

2. Detention against one's will is often not an approach for that person's 'mental health needs', but, usually, to keep someone in an environment that is neither usefully stimulating, nor therapeutic, for the benefit of and away from others (e.g. family or neighbours), until that person 'is better', so I cannot agree that 'sectioning' was for my needs, or implies any approach (good or bad) to them - the existence, nowadays, of crisis resolution and home treatment, which are approaches, and the paucity of places on wards, mean that I would not have been sectioned now.

3. It was a dehumanizing and degrading experience, and it licenses the use, on patients and regardless of whether they have capacity to consent, with powerful medications whose exact effect is guesswork to those who prescribe them, as is the incidence of very unpleasant side-effects (of which no warning was given) : they may quieten them, but so would psychological interaction, and without badly altering their brain chemistry. It is legalized experimentation with dangerous substances.


Q2. What could have happened differently that could have prevented you from being sectioned ?

1. As mentioned at Q1, the existence of crisis resolution and home treatment services, or the lack of ready availability of psychiatric places, which allowed people to be detained who could clamour for one now, and not be admitted.

2. Psychiatric services for those who really do need and want them have, unfortunately, been deprived of such funding that the only benefit is that people can no longer be put under detention for so little reason.

3. In my case, proper psychological engagement with me, as I was, rather than the police-led escalation of my mood, thoughts and fears, would have assisted.


Q3. How would you describe the care you received while sectioned ? This could be either in hospital or a Community Treatment Order.

1. I am not sure that it is correct that one is, as such, sectioned when on a CTO : certain sections and / or certain triggering events may cause a Responsible Clinician to put someone on a CTO, but my understanding is that one cannot say 'while sectioned' to mean on one.

2. The care was not 'care', but containment. In comparison with even some other wards on the same site, it had a reasonable programme of activities, such as a cooking group, or a so-called 'breaking-out group' (going into the city under escort of 2-3 nursing staff). Other activities were more patronizing, such as being given time to make a piece of art, but then have to have someone supposedly analyse it / one through it, or the community meeting (which I avoided, after being at it once). Asking for an hour's ground leave and walking around the grounds was best.

3. None of this was 'care'. One was indoctrinated with some medicalized account of one's self, and obliged to take medication (haloperidol) - this felt more like punishment for what one was not meant to think / have thought, with constipation, stiff and awkward arms and legs, painful neck-cramps. All depersonalizing, humiliating and taking away any status that one had in the name of psychiatry.


Q4. In your experience, what are the most important things that can help people stay well following discharge, and reduce the need to be sectioned again in future ?

1. The 'need to be sectioned' proved to be tied to finances - when funding for mental-health services became curtailed, it became less likely that anyone with my experiences (20+ yrs ago) would be sectioned.

2. Nonetheless, the important less that being 'sectioned' teaches a former detainee is to behave in such a way that psychiatrists lose interest and discharge him or her. Then, despite a mind that has almost certainly been damaged in the way that the nonsense about 'chemical imbalance' claimed justified one's detention, take sufficient medication to control behaviour that attracts others' attention.

3. For those who were desperate to be discharged (and did not just outright refuse to agree to the terms of Supervised Community Treatment, because then a so-called Community Treatment Order would be impossible to make), it will not be the CTO - no evidence of that whatever.

4. The 'need to be sectioned' - there is no such need, because it is driven by societal and family pressure, but only as long as there is money for it.


Q5. Do you feel you were treated with dignity and respect ?

As a person who was twice detained against his will ? Absolutely not !

Put on section 2 on c. 21 April 1996, the consultant did not even have the decency to tell me that she had taken me off the section - for years, until I saw my records, I thought that she had just let it expire.

Detention under section is one of the most humiliating and degrading experiences of my life - that is the true answer to Q5, that, apart from the GP's stupid 'experiment' of continuing me without medication after an abrupt week-long withdrawal (as I had no tablets, and he decided not to prescribe), which saw a re-admission in January 1997, I had no intention, after that, of going back to hospital again for more dehumanizing and status-less time there.


Q6. Where relevant, do you feel your carers (e.g. family or friends supporting you while you were sectioned) were treated with dignity and respect ?

More so than I was. I was only taken off haloperidol, during the first admission, when my somewhat hard-hearted wife, obsessed with how her life had changed, pleaded for me.

During the second admission (January 1997), she agreed to apply for me to be discharged from my section (section 3) - that, as I only established from the records, appeared to have been blocked within the period of 72h, but, again, there was zero transparency as to what had happened.

Besides, my wife was not a carer - she was a prime cause of the behaviour that was diagnosed as supposed mental illness.


Q7. What rights do you think a person sectioned under the Mental Health Act should have ?

1. They should have the rights that the Act already gives them - not available, in my experience.


2. A curiously open-ended question, but, certainly :

(a) the right to a full assessment of capacity to consent to treatment in compliance with the Mental Capacity Act ;

(b) based on being found to have capacity, the right to refuse treatment ;

(c) the right, again with capacity or based on a relevant advance directive, to refuse ECT, and not for there to be a deemed lack of capacity or an 'emergency' need for ECT ;

(d) not to be put on a CTO (and for all existing CTOs to be discharged), failing which explicit rights to an IHMA when a CTO falls to be considered and to be told of the right to refuse to agree the terms of a CTO and the consequences of so doing ;

(e) the right to much better than the tokenistic 'reading of rights' that patients are given, by staff who do not believe that someone detained against his or her will has any rights ;

(f) an easier way than displacing a nearest relative to have that a person of one's choice ;

(g) right to a second opinion ;

(h) better protection against ill-treatment than under s. 127 (has anyone ever been prosecuted successfully ?).


Q8. What rights do you think a carer (e.g. family and friend) sectioned under the Mental Health Act should have ?

They have too many rights as it is, e.g. to request a Mental Health Act assessment. Carers are often not the people whom those for whom they claim to care would choose, and the balance is too far in favour of abusers, who take away others' peace of mind, or even apparent sanity.


Q9. If you could change one aspect of the Mental Health Act, what would you change ?

It must be that, irrationally, it overrides people's capacity to refuse treatment (i.e. forced medication) for their alleged mental ill-health, but the very same people, with capacity to consent to treatment for a cancer or other such condition that will kill them (and a consultant in that field would be absolutely bound by their advance directive, if they lacked capacity, for such treatment, or to require them not to be resuscitated) - so much for parity of esteem !

(A close-run thing with the unnecessary involvement of the police, which makes people confuse their psychiatric detention with the criminal-justice system - e.g. returning 'absconding' patients, or under s. 136.)


Q10. Is there anything else you would like to tell us ?

The power of others to put people, either supposedly out of concern for them, or - as neighbours or as family members - by complaining about them or alleging being in fear of them, into a coercive environment that is unlikely to be therapeutic should be reduced / redressed in favour of those detained against their will.

How much has really been understood since, or changed because of, Placed Amongst Strangers [www.mentalhealthalliance.org.uk/pre2007/documents/placedamongststrangers.pdf] ?


[...]


Q16. Do you know which section(s) of the Mental Health Act you were sectioned under ?

Yes :

April 1996 - s. 2

January 1997 - initially informal, then a s. 4 holding power was used* when - peaceably - I decided that I wanted to go back to the ward where I had been admitted overnight, and six staff used face-down restraint on me, I was taken back in, sedated, and put onto s. 3


End-notes :

It looks as though that should have been s. 5, in fact :









Unless stated otherwise, all films reviewed were screened at Festival Central (Arts Picturehouse, Cambridge)

Saturday 29 November 2014

Section 136 : What is it and why do we have it ?

More views of - or before - Cambridge Film Festival 2014 (28 August to 7 September)
(Click here to go directly to the Festival web-site)


29 November (now (5 December) with esteemed Tweets of appreciation from @MentalHealthCop)



One would have to read Hansard, the verbatim record of the business of the Houses of Parliament, to know what was on the mind of MPs and Peers when they enacted the Mental Health Act 1983 (since amended), and, within it as a sequence of numbered enactments, section 136, which begins (quoting sub-section 1) :

Mentally disordered persons found in public places

(1) If a constable finds in a place to which the public have access a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety within the meaning of section 135 above.


Not exactly normal English ! However, if they can interpret it, our police are given a power by this sub-section (s. 136(1)), but only if the criteria apply for it to arise – one could infer a concomitant duty to act by using this power, though, if so, one should be able to justify one’s thoughts…





The test of whether someone is ‘suffering from mental disorder’ is a subjective one, i.e. what appears to the constable. Fair enough, but how has the constable been trained to recognize ‘mental disorder’*, and does the constable even know what happened last time that he or she exercised the power (please see below for how often officers are wrong) ? If not, how does he or she know whether that had been a case of ‘mental disorder’ and so learn from it ?


Or should we even be putting a responsibility on the police to construe mental-health legislation and to assess the appearance of a person on public property as to whether there is mental disorder ? One has to ask, because (under s. 136(2)), the person with the appearance of mental disorder can be detained (i.e. against his or her will) for as long as 72 hours. Sub-section 2 specifies what that period of time – longer, by far, than the period for which someone can be detained, on such authority, because of suspected criminality – is to be used for :

(2) A person removed to a place of safety under this section may be detained there for a period not exceeding 72 hours for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an approved mental health professional and of making any necessary arrangements for his treatment or care.


The sub-section is therefore quite precise about what the purpose of the detention is, but the Act fails to make any link between sub-section 2, and exercising the power to take the person (against his or her will) to a place of safety under sub-section 1 : where is the link, except temporally, for up to 3 days in detention within which to arrange the specified matters ?

The Act is not explicit, but one is essentially looking at an assessment to see whether the person should be detained under ss. 2, 3 – but giving this period of 72 hours in a so-called place of safety to do it. As can be seen above, s. 136(1) refers to s. 135 in this connection for a definition, where s. 135(6) says :

(6) In this section “place of safety” means residential accommodation provided by a local social services authority under Part III of the National Assistance Act 1948..., a hospital as defined by this Act, a police station, an independent hospital or care home for mentally disordered persons or any other suitable place the occupier of which is willing temporarily to receive the patient.


Pretty broad, one would think – so why do commissioners of mental-health services not have standing arrangements with, say, independent hospitals for them to be places of safety in case of need ? Why, if NHS Trusts do not have the beds, is someone not paying for them to be provided in this way – somewhere that would also have staff trained to know mental disorder when they see it ?

And we are relying on officers on the street, etc., to determine what appears to be mental disorder, when – even if they could all be given training in Mental Health First Aid – it would probably be far better for them to call someone who is versed is mental disorder – except that we seem to jump straight to the ‘place of safety’, often enough a police-cell, and then no one stirs themselves, because the medical practitioner and / or AMHP (approved mental health professional) have three days in which to call by.


Would a police officer be trusted to move someone with a suspected broken neck in the back of a police-car ? No, of course not ! An ambulance would be called, and one would rely on those trained medical staff to deal with assessing the person’s injuries and moving him or her.

If there were a crowd or other situation, one would keep the person safe at the scene until the trained staff arrived, and then assist them in carrying out their duties or treatment on site and of taking the person to an appropriate hospital. Why – just because so many people view those who may have a mental disorder as nutters ? – should the status quo equally not be maintained until appropriately trained mental-health professionals can arrive, rather than ‘carting the person off’ ?

Allegedly, we have parity of esteem under the NHS (Health and Social Care Act 2012) for mental and physical health, so why is the person suspected of a breakdown not treated in the same way as for a broken neck ? So, X fell from a balcony in a shopping centre – we clear the area and keep him or her out of harm until the ambulance crew arrives – and the same should apply if X had been reported to be behaving bizarrely in that shopping centre, keeping X safe until the trained personnel come.


A Briefing Note by the Centre for Medical Health makes a point relevant to how s. 136 is being used, quoting this statistic given by a report from 2013 by Her Majesty’s Inspectorate of Constabulary, Care Quality Commission, Health Inspectorate of Wales, and Her Majesty’s Inspectorate of Prisons :

It also noted that 80% of those detained under section 136 are not admitted to hospital for treatment. This suggests an urgent need for better working relationships and knowledge between the police and mental health services.

Thus, in just 1 in 5 cases, the officer was right. Hardly a good enough percentage on the basis of which – even if it were not otherwise problematic – to continue as we are ?


But we must end as we began, with sage words - albeit of denial - from @MentalHealthCop... :




End-notes

* If one wants to know what that phrase means, the much-amended s. 1 tells one…




Unless stated otherwise, all films reviewed were screened at Festival Central (Arts Picturehouse, Cambridge)

Wednesday 15 May 2013

Me and Theresa May

More views of - or before - Cambridge Film Festival 2012
(Click here to go directly to the Festival web-site)


15 May

Here is a response to part of what Theresa May is reported as having said (in @guardian) :


THEAGENTAPSLEY

15 May 2013 3:51pm

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I believe all these proposals will make a real difference to police officers on the ground. But ultimately police officers need the assurance that vulnerable people with mental health problems will be dealt with by health and social care services, not the police.

Not for the first time, a Secretary of State not knowing what he or she is talking about :

If a person is 'liable to be detained' (i.e. before formally taken to a psychiatric unit, or having 'absconded'), or someone enters premises under s. 135 Mental Health Act 1983, the police have the specific job of, in some cases, of 'conveying' the person liable to be detained to the unit, but anyway of bringing back absconders and breaking into premises.

In fact, the police are all over the 1983 Act - talking about s. 136 is just the usual knee-jerk, ill-thought-out rash promise of change in the hope of not doing anything (much) before the General Election, and just because of having to in the light of the Adebowale report.


An average of 11 deaths per year just for The Met is shocking. However, does anyone care about the routine level of deaths on in-patient units ? :

It would be helpful to have some figures cited for this rate of mortality, if collated figures exist (Care Quality Commission ?), before assuming that (a) this is simply a problem of the police (with s. 136) having to do what they shouldn't do, or (b) is less mismanaged by 'health and social services', or that those services' practices are any better than those of The Met...