Mum's Section 2 detention period is coming to the end of its 28 day limit and I have been called to go to an assessment meeting on Friday about whether she goes onto Section 3 or DoLS. Has anyone got any experience of this kind of meeting or knows/understands the consequences of one over the other?
Section 3 or DoLS?
- Thread starter Jesskle66
- Start date
If mum is put onto a section III of the Mental Health Act then the NHS is responsible for any care home costs. However a section III does really take away all her and your power over her welfare and rights. It is given if the person is a danger to her/himself or to others.
My husband was moved onto a section III and spent the next nine months in a very poorly run assessment unit. I had to ask permission to take him off the ward and a walk in the gardens, to ask permission to take him to the hospital tea shop, was not allowed to take him off the hospital premises for the next six months. I felt that this greatly increased his illness and precipitated it into needing full time care.
Section III needs the agreement of his/her GP, the agreement of a consultant and in my case my agreement. Make sure you do know the implications of this section before agreeing. I had no idea that I was in effect, signing away all my rights to my husband's freedom, including where he would be allowed and if he would be allowed to go into a residential care home. It has to be reviewed after six months and can be extended for longer periods.
As far as I'm aware without actually checking up on DOLs legislation, Care Home costs would not be met by the NHS. DOLs involves the legal depriving of liberty or the giving of covert medication because it is deemed to be in the patient/residents best interest.
Whatever is decided about the two legal situations I would ask for an advocat to speak on your and your relative's behalf as either of these can be decided without your or your relative's consent.
Either will require a lot of careful thought as to what is best for your relative
xxTinaT
My husband was moved onto a section III and spent the next nine months in a very poorly run assessment unit. I had to ask permission to take him off the ward and a walk in the gardens, to ask permission to take him to the hospital tea shop, was not allowed to take him off the hospital premises for the next six months. I felt that this greatly increased his illness and precipitated it into needing full time care.
Section III needs the agreement of his/her GP, the agreement of a consultant and in my case my agreement. Make sure you do know the implications of this section before agreeing. I had no idea that I was in effect, signing away all my rights to my husband's freedom, including where he would be allowed and if he would be allowed to go into a residential care home. It has to be reviewed after six months and can be extended for longer periods.
As far as I'm aware without actually checking up on DOLs legislation, Care Home costs would not be met by the NHS. DOLs involves the legal depriving of liberty or the giving of covert medication because it is deemed to be in the patient/residents best interest.
Whatever is decided about the two legal situations I would ask for an advocat to speak on your and your relative's behalf as either of these can be decided without your or your relative's consent.
Either will require a lot of careful thought as to what is best for your relative
xxTinaT
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Thanks Tina, that is really useful information. At the moment I am desperate for her to stay in hospital as I just don't think she is well enough to function in any other environment. She is very aggressive and abusive with me, but I don't know if that constitutes a threat to herself or others. As I am her main carer it means that I can't effectively care for her, and for my own mental health it is very damaging to face continuous abuse, but I don't know if the definition will be as subtle as that. I feel slightly better armed with your information to ask questions, so thank you.
The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DOLS) exist to ensure that no one is deprived of their liberty without good reason. they should be as short as possible and no longer than 12 months, although they can be extended, after proper assessments are carried out. My wife has been subject to DOLS for nearly three years. The aim is to prevent people coming to harm.
A relevant person’s representative (RPR) has to be appointed to protect the interests of the person being deprived of their liberty, Usually a family member.
Costs are not met by the NHS.
The Dept. of Health pamphlet OPG609 gives the detail in easily understood language.
A relevant person’s representative (RPR) has to be appointed to protect the interests of the person being deprived of their liberty, Usually a family member.
Costs are not met by the NHS.
The Dept. of Health pamphlet OPG609 gives the detail in easily understood language.
Just an update on this. Mum has been placed on a section 3 today rather than DoLS. Part of me is relieved, part of me upset, but at the end of the day I have faith in the psychiatrist and she was very careful in explaining why they felt this was the best course of action. In mum's case it seems right. I do at least have the knowledge that she is being well cared for and that any future care will be funded. I have been looking at local care home rates and they are more than what my husband and I earn put together, so I really don't know how people manage.
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