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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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I have been placed under the mental health care act due to

Customer Question

I have been placed under the mental health care act due to no mental health illness except for a request for sexual assert counsellling and grief rape haven treatment. I was forcibly detained -how can I escape back home?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

I am sorry for the delay you have experienced.

If you mean that you are detained on section of the mental health act then you cannot escape without lawful authority. At least, you can. Any person can escape from lawful detention but then you will be circulated AWOL, picked up and not allowed time out again.

The only way to be released is to be discharged from section by the doctor or released by the tribunal. You can appeal against your detention to the tribunal and they do release people sometimes.

If you are on S2 they can only hold you for 28 days unless they put you on S3 which allows for 6 months detention.

I'm very sorry but thats your position.

Can I clarify anything for you?

Customer: replied 4 years ago.

How do I get off section 3 and go home - is there anything a lawyer can do?

Expert:  Jo C. replied 4 years ago.
It depends on the reasons for detention.

You do get legal aid for somebody to represent you at tribunal bit obviously most challenges that are not supported by the doctors fail.
Customer: replied 4 years ago.

Thank you

I would like to keep you as a contact if need be for a future tribunal.


Kindest Regards

Faiza Tariq

Expert:  Jo C. replied 4 years ago.
No problem.

Please remember to rate my answer.