section 2 MHA

connieonny

Registered User
Feb 9, 2010
77
0
uk
Can anyone explain to me what a section 2 of the mental health act actually means? Once this is imposed, (my wife and and I agree that something has to be done to alleviate the situation), does this mean our views will not be taken into consideration?

Has anyone any experience of an assessment unit? We hear stories of how dreadful they can be - that is if one can be found with a bed. She may need to be moved over 100 miles away, in fact it could be anywhere in the country.

And how will this impact on the funding issue? The DST is due to be done in the new year. Will this now be cancelled, delayed, or what?
 

jaymor

Registered User
Jul 14, 2006
15,604
0
South Staffordshire
Hi,

My husband spent 9 weeks in an assessment unit. He did enter voluntarily but would have been sectioned had he not done so. His experience was a very positive one and for the first time in 7 years he was being observed and got the help he so desperately needed. He went from the unit to a nursing home where he receives excellent care and because of his complex needs has 1:1 care 24 hours a day.

When being seen for the odd hour here and 10 minutes there, the extent of his problems were never seen so they did not exist. He was only in the unit for three weeks when we were told his needs were so complex he could no longer be looked after at home. It took another 6 weeks to get him to a point where he could go to the nursing home specialising in challenging behaviour.

So the assessment unit got him the help he needed and the right kind of care for him.

Sorry can't answer the section 2 part of your question as my husband agreed to go.

Jay


Sent from my iPad using Talking Point mobile app
 

connieonny

Registered User
Feb 9, 2010
77
0
uk
This sounds very positive Jaymore, thankyou for this. We think a thorough assessment is what has been lacking for so long, despite our pleas for help.We knew the extent of MiL's problems as she lived with us, but we weren't being listened to or believed since, as you say, a brief visit doesn't show these behaviours up.
 

Nebiroth

Registered User
Aug 20, 2006
3,510
0
A section 2 is called "assessment". Most people who are admitted involuntarily under section of the Mental Health Act (and are thus commonly referred to as "being sectioned" or "sectioning") are admitted under a 2, although there are other sections, this is the most common on first admission.

It must be approved by two independent doctors and an approved social worker; the application to section is made by the social worker (it can also be done by the Nearest Relative, what used to be called Next of Kin, but the social worker is the usual, and preferred, method) and then endorsed by two doctors; one doctor normally knows the patient well, although this requirement can be waived. It is therefore often their GP, but does not have to be.

Nearest Relative is determined by priority, and starts with civil partner/spouse, then children, eldest first and so on.

The Nearest Relative's approval is often sought although it is not necessary and they cannot stop a section from taking place. They can, however, discharge their relative from hospital - they given notice of their intent first and can then remove the patient from the hospital. However, the doctor in charge of the case can issue a certificate to stop this discharge (this is why notice has to be given)

A section 2 lasts for a maximum of four weeks. During this time the patient may not leave hospital - unless they are given permission to do so - and cannot refuse most treatments, although this does not include things like ECT or surgery.

At the end of this period the patient can simply leave, unless the section is migrated to a 3. A section 3 lasts up to six months, and can be renewed. Again, this must be agreed by two independent doctors. Patients gain more rights to appeal a section when under a 3.

When someone is sectioned their Nearest Relative must be notified and the reasons given, also, information leaflets are to be included detailing their and the patient's rights and the procedures to follow.

Many people are never migrated to a section 3, and it is not uncommon for a 2 to be shorter than the maximum four weeks.

Assessment wards vary; they can be distressing, given the nature of the patients in them. When my dad was sectione dhe had a private room with ensuite bathroom, but it all depends on what is available at which hospital.

Generally speaking, a section 2 has no effect on funding (obviously, it is free, like all other hospital treatment). However, if someone is discharged from a section 3, they should qualify for section 117 - called "aftercare" - this means that if they are discharged into a care or nursing home, this is considered continuing NHS treatment, and it is again free with no financial assessments, means tests etc. If they are discharged to the community, say their own home, much of the support they will receive is also NHS funded.

From a purely financial point of view, 117 is desirable, since it is the same as all NHS care - free at the point of use, no financial assessments/means tests/takign of assets etc (although being in a care/nursing home can affect certain state benefits, such as attendance allowance)
 
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LYN T

Registered User
Aug 30, 2012
6,958
0
Brixham Devon
My Husband has been on section 2 on 5 occasions in the last 5 1/2 years-so I' m a bit familiar with the MHA.

Nebiroth outlines the facts well-I just want to add that Pete has on a couple of occasions been subject to a deprivation of liberty order a couple of times (DOL) after his section 2 came to an end after 28 days. He wasn't put on a section 3 because that is issued when more assessment is needed. In Pete's case he had been assessed but on one occasion I was moving house and it was decided the upheaval would be too much for him so he was kept in the MHU on a DOL. The second time was when it was decided that he needed 24 hour care and needed to go to a CH-it took a while to find one suitable.

Are there no MHU's closer to you? 100 miles seem very far away. If so it may be a case that you need to mention the Human Rights to the powers that be. Everyone is entitled to 'a family life' and that would be difficult to maintain in that case. Normally beds are found locally so that SW's CPN's etc can liase.

Take care

Lyn T
 

connieonny

Registered User
Feb 9, 2010
77
0
uk
Very useful replies, thank you.
There is a more local unit I understand, but the CQC has closed it to new admissions I understand - just temporarily until improvements are made. And we are told it will be wherever there is a bed available. Could be anywhere.
Much appreciated, thanks again.