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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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my partner sectioned for 28 days i was told by doctor she had

Customer Question

my partner sectioned for 28 days i was told by doctor she had no named person and nobody else notified me that i had been named person, i found out for myself looking at laws that i was default named person. So 8 days after the start of her detention when i complained at hospital they apologised and confirmed that i was named person. They say there is nothing unlawfull about her detention. Is this correct?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Who was responsible for sectioning her and why?
Customer: replied 3 years ago.

A psychiatric doctor came to our house, but i was in Dorset at the time working. The reason stated on the section form for significant risk to health safety or welfare of the patient was:-


"The patient has been neglecting her personal hygiene She is at risk of alienating friends and family. Her relationship with her son is at risk of deteriorating as she no longer speaks to him."


 


essentially she has schitzophrenia and has been withdrawn staying in bedroom a lot talking to self, however i have never seen any signs of violence or distress from voices. After being denied info from hospital i turned to net for answers and now think it was isolation which has been the main cause (i worked away mon to fri most weeks of the year). i have now left job to help but now shes stuck in the hospital.

Expert:  JGM replied 3 years ago.
You can apply to the court for an order withdrawing the mental health section. Have you seen a solicitor about this yet?
Customer: replied 3 years ago.

saw solicitor applied for appeal, her consultant phoned to say he was releasing her and for IHTT to visit daily to monitor progress i was not told she had to take the meds and she refused (with my approval) so the team visited Sat, Sun knowing she was not taking meds they said they were happy with how she was doing, so on the monday i called my solicitor to ask what happens with the appeal, i told him she had been released and not forced to take medication, he advised me that being so close to the end of the 28 days i should drop the appeal which i did. Later that day a Doctor turned up at the house and was not happy at refusal to take medication, she left to investigate.... then on 2nd last day of section she phoned to say they had applied for hospital based CTO and would be coming to take her back to hospital next day, 7 days later at tribunal for CTO during the tribunal when i asked about original section i was told that was not allowed to be discussed, then when i presented evidence to suggest that the medication reduces your chance of long term recovery i was told that it had to be pre submitted to be used. I had instructed my solicitor to submit that evidence for the original appeal therefore if it needed to be re-submitted for CTO tribunal i assumed i did not need to ask him again. At the tribunal they asked my partner if she wanted a solicitor so now they have extended her detention a further 28 days to repeat tribunal with solicitor present.

Expert:  JGM replied 3 years ago.
You are using the correct procedures then. You should ensure that all evidence is available and lodged in advance of the next tribunal.

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