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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70282
Experience:  Over 5 years in practice
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My son is 21 yrs of age and lacks capacity under the Mental

Resolved Question:

My son is 21 yrs of age and lacks capacity under the Mental Health Act having severe Autism and Learning Disability. He was detained under Section 2 of the Mental Health Act yesterday.The reason given was not related to his Mental Health but to his Residential Support Agency having staffing issues! Is sectioning him for this reason appropriate, and more to the point is it legal?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Well, it depends.

S2 is for assessment not treatment.

What effect did them having staffing issues have upon him?

Customer: replied 1 year ago.
At the time he was sectioned none, the issue would have arisen on the night shift which would not have started for another 5-6 hrs, when Ryan would probably have been asleep anyway.To my knowledge no active attempts were made to find staff cover for the forthcoming shift
Customer: replied 1 year ago.
His Mental Health Status had not deteriorated in any way, he would not have required any assessment/ changes to his management at that time
Expert:  Jo C. replied 1 year ago.

That isn't a ground for sectioning. S2 is for assessment purposes. It is actually surprisingly easy to be sectioned under S2 but not for long and not without professional consent.

If that really is the reason given then you just appeal to the hospital managers and he would be discharged off section.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
We have a meeting with the hospital tomorrow to discuss the situation. Your information will be most helpful to us. Thank you so much!
Expert:  Jo C. replied 1 year ago.

No problem

This does rely upon this being the only reason for sectioning though obviously.

Customer: replied 1 year ago.
I understand, I hope that any other reasons not conveyed to us at the time, if relevant, will be communicated to us tomorrow.
Expert:  Jo C. replied 1 year ago.

Yes, that would be my concern too.

You won't know until you get there.

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