Sectioned 136 Act

[Richard1960]

Hi not sure if this is the right place to ask but wailer this week i was sectioned under the 136 metal health act,i was dwelled there opportunity to phone for any legal gel,and also they would not let me take my prescribed meds at all.

Is this right cannot talk more as i am off out soon but will be back on this afternoon.Mind are closed this weekend.

Thanks Richard.

[Rennie1989]

From a quick Google search Section 136 of the Mental Health Act means that you can be taken to a place of safety (hospital or police station) if they (usually the police) believe you have a mental illness. You can be sectioned for up to 72 hours, in which time mental health professionals will assess you and make a decision if you need to be hospitalised (or 'Sectioned') or allowed to leave. You are allowed, by law, to ask for legal advice over your situation.

(http://www.rethink.org/living-with-m...a-public-place)

I'm sorry to hear about your situation and I hope it gets better for you.

[Richard1960]

Hi Thanks very much imdeed.

Yes that is sectoion 136 my beef with them though is i was refused the use of a phone despite repeatedly asking.

And more importantly they fefused me access to my prescribed medication. Depite my asking.

And also i was frozen as the room was cold with no heating my drugs help keep me alcohol free and the citalopram is for my depression,

I was in there 13 hours before i saw any doctor a panel of 3 who released me right away i am taking this foward as it seems rather imhuman to me (no phone calls and being denoed my prescribed medicnes),and the samaritans when i rang them could not believe i had beem denied access to my prescribed meds.

I have aleady complained to the care quality comission and PALS for that trust.

The safe room the hpospital put me in told mei could not have my own body warmer as i could use it to do myself in,but in 5he room there was there non blanked off plug points i could have done myself in if so desired.When i mentioned this they said we will pretend we have not heard mind you the lady did smile, i was also told various lies,they first told me the romm is run by the police and the police have said that s bull as the hospital trust run it.

[Rennie1989]

The treatment sounds awful!

They removed stuff like blankets because if you were at risk of taking your life they want everything that could cause harm removed. In saying that they should have ensured the room was adequately warm enough. The medication was probably denied because they were reviewing it. Again, this could have been explained to you a lot better to avoid confusion and upset.

You've done the right thing complaining to PALS. I would also consider taking this forward to the Care Quality Commissioner (CQC - regulates hospitals), the Police and Crime Commissioner (if the police did anything you suspect was wrong) and your local MP. Do not accept a wishy-washy apology!

[Richard1960]

The treatment sounds awful!

They removed stuff like blankets because if you were at risk of taking your life they want everything that could cause harm removed. In saying that they should have ensured the room was adequately warm enough. The medication was probably denied because they were reviewing it. Again, this could have been explained to you a lot better to avoid confusion and upset.

You've done the right thing complaining to PALS. I would also consider taking this forward to the Care Quality Commissioner (CQC - regulates hospitals), the Police and Crime Commissioner (if the police did anything you suspect was wrong) and your local MP. Do not accept a wishy-washy apology!

My medication was not being reviewed i never saw a doctor at all,all i saw was a three person panel next day who judged me safe to leave my medication has not been reviewed at all.

The care quality comission already knows i spent two hours on the phone to them yesterday.

Also citizens adivice have also offered help to me,and Unison my Union is offering Legal advice to me.I was just hoping people might be able to give me pointers this afternoon.

Thanks for the helpful reply.

Richard..

---------- Post added at 17:33 ---------- Previous post was at 14:07 ----------

The treatment sounds awful!

They removed stuff like blankets because if you were at risk of taking your life they want everything that could cause harm removed. In saying that they should have ensured the room was adequately warm enough. The medication was probably denied because they were reviewing it. Again, this could have been explained to you a lot better to avoid confusion and upset.

You've done the right thing complaining to PALS. I would also consider taking this forward to the Care Quality Commissioner (CQC - regulates hospitals), the Police and Crime Commissioner (if the police did anything you suspect was wrong) and your local MP. Do not accept a wishy-washy apology!

Thats not really my style as a Union rep i wear my heart on my sleeve and can smell bull a mile off.

I have spoken to a senior member of the trust who works on my site and was also apalled and is also raising a written complaint on my behalf,i have loads of documents now,i was asked if i needed an advocate but i do not,as armed with enough info i am more them capable of advocating,after all all of us with mental health problems are humans,who also have brians,its not like they thought of us years ago thank goodness.

We are just ordinary people that have illness like most people do in their lifetime.

The stigma is going.

Richard . x

[MyNameIsTerry]

Sounds really poor Richard but it sounds like you are motivated & balanced and thats a really good thing so keep working on things.

I would really push the issue of the electricity points as that is a potentially lethal risk to those who go in that room in the future.

No chance do the police maintain a room to put people in while they are being assessed. All the police do is respond to the crisis call and take you there if they believe it is required. Some police forces are even taking a qualified nurse with them as a trial now as it helps them determine if they need to take people to these centres.

The attitude of the lady in that place is ludicrous. She, and this place, need to be investigated.

I don't understand about your medication. I can see that it would be right to take it as you could use it to harm yourself but they should still provide you with the adequate dosage. If they don't, its obvious that you could easily start experiencing withdrawal and thats not going to be helpful for anyone who is that seriously unwell already.

Good luck. I think it would be one for local media as they love NHS cobble ups.

[Richard1960]

Sounds really poor Richard but it sounds like you are motivated & balanced and thats a really good thing so keep working on things.

I would really push the issue of the electricity points as that is a potentially lethal risk to those who go in that room in the future.

No chance do the police maintain a room to put people in while they are being assessed. All the police do is respond to the crisis call and take you there if they believe it is required. Some police forces are even taking a qualified nurse with them as a trial now as it helps them determine if they need to take people to these centres.

The attitude of the lady in that place is ludicrous. She, and this place, need to be investigated.

I don't understand about your medication. I can see that it would be right to take it as you could use it to harm yourself but they should still provide you with the adequate dosage. If they don't, its obvious that you could easily start experiencing withdrawal and thats not going to be helpful for anyone who is that seriously unwell already.

Good luck. I think it would be one for local media as they love NHS cobble ups.

Yes the electricity point issue is one in the 20 page dosiier i have now completed,

The drugs i was on were as any mental health professional would know are not lethel as such Campral was a drug i need to maintain alcohol abstinance its not even a controlled drug,and neither was my depression drug citalopram they could have taken then out of the box for me and given me my dosage.

I did start expieriencing withdrwal problmes especially with the campral.

I am now motivated and balanced thanks and intend to proceeedd this to the limits.

I have taken legal advice from my union,and it looks as though any action taken would be covered under the extra insurance on my home contents policy.

The police have been quite helpful dispelling all the bull the unit tried to give me.

And i also work for the NHS and the senior nurse in there is putting a complaint in for me also,so things are moving Terry.As well as the complaint i put in to PALS and the Care quality Comission.

[MyNameIsTerry]

Good luck with it Richard.

Its just staggering that they spend time assessing someone and intentionally make them worse by forcing withdrawal symptoms on them. Imagine the damage this could have done to someone who was really in need of hospitalisation?

[Richard1960]

Thanks Terry i had the police phone me up yesterday to put me off making a complaint for their non understanding of section 136 section 58 1984 of the police criminal evidence act ,which actually states.

The person removed has a right of access to legal advice regardless of where the person is detained. Legal Advice when requested should be facilitated by the police.

They are trying to blame the mental health unit for not informing them,i said to him i though it was up to the police to know the law and this guy was a sergeant.!

i have two complaints in three if you include the one about the police.

And have also taken legal advice from a no win no fee solicitor as well as from my own trade union Terry.

Hope you are ok too Richard.

[SarahH]

Every custody unit is recorded (audio and visual) so ask for the copies. Your solicitor can ask for you.
Your "rights" is that you have access to a solicitor in custody , FREE. A custody Sgt will notify one if you requested it when you were being "booked in" OR at any time during your detention.
Now the reason you were not given access to your medication is that whilst in custody (or a "place of safety") the police under Sect 136 are responsible for your safety and they have to be sure that you have not already taken medication and therefore could overdose. Remember they are not Drs and do not know what type of meds you are on or psychiatrists. The "panel" you describe would have been qualified to make the assessment. It should have consisted of a GP, psychiatric nurse and Social Worker (qualified to make an assessment).
You do nor have a "right" to make a phone call. That is an American law. You only have the right to have someone notified of you detention i.e. Solicitor, family member or friend.

Hope that helps