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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70211
Experience:  Over 5 years in practice
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An attempt to section my son under section two of the MHA was

Customer Question

an attempt to section my son under section two of the MHA was made by an approved social worker and two doctors at his childrens home. No parental knowledge, no consent, no court order and non emergency. My son getting injured in the sectioning attempt. No beds found, I was phoned up to take the distressed and injured boy home. Is this legal?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How old is he?
Customer: replied 1 year ago.
13
Expert:  Jo C. replied 1 year ago.
It is fairly unusual that juveniles are sectioned. I suppose thought that type of thing is what happens in children's homes. In fairness, most of us have kids that throw tantrums occasionally and we all sort it out ourselves. In children's homes the police are called and they end up with criminal records. It is an issue of circumstances quite often rather than the behaviour of the child.
However, you will find quite a good summary here
http://www.rcpsych.ac.uk/healthadvice/problemsdisorders/beingsectionedengland.aspx
The whole purpose of sectioning is that a person is admitted to hospital without their consent either because they are not able to consent or are unwilling to do so.
Under S2 they do not need a court order. They just need an application for admission to be made by an AMHP or a nearest relative. There needs to be two doctors and a social worker in support.
Obviously they can only detain for 28 days under this section for assessment and he has the right to appeal to the managers and tribunal.
It would have been helpful if they had had the courtesy to consult you but they don't have to in law and, in fairness, your wishes wouldn't have deterred them I"m afraid.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Once sectioned and no beds available is the father then supposed to look after him under the Mha?
Expert:  Jo C. replied 1 year ago.
There is no obligation in law to inform.
It would have been helpful if they had informed but the fact that they didn't doesn't give rise to a claim.
I suppose you could complain but I never find that is very productive.
Customer: replied 1 year ago.
Thanks rwn out of ten
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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