Compare and contrast the following two pieces of law –
- Section 136(2) says someone removed to a Place of Safety may be taken there to be examined by a registered medical practitioner and interviewed by an Approved Mental Health Professional; and of making any necessary arrangements for his treatment or care.
- When you read section 135(1), it says someone may be removed to a Place of Safety with a view to the making of an application under the Act, or of making other arrangements for his treatment or care.
The bold is my emphasis – does it matter that the apparent purpose of one of these Place of Safety orders is interview AND arrangements, whereas the other is interview OR arrangements? … is this a distinction without a difference, or could it be crucial to something?! Both seem to imply the purpose of removing someone to a Place of Safety…
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I’ve heard this phrase a lot recently in relation to myself. Mostly it seems to be used as a cop out to avoid admitting me to hospital, give me extra mental health support in a crisis or believe that I’m feeling suicidal. A psychiatrist once said that I can flip in and out of capacity and I think that’s about right. It’s actually quite frightening to be like that. To know that I can dissociate, lose awareness of time or where I am or what I’m doing.
Here’s what the Mental Capacity Act Code of Practice says in general terms
‘Whenever the term ‘a person who lacks capacity’ is used, it means a person who lacks capacity to make a particular decision or take a particular action for themselves at the time the decision or action needs to be taken.’
I’ve been threatened with the Act having taken an overdose…
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Today, the head of the Family Division has handed down a judgment containing some of the most extraordinary language I’ve ever known a senior judge to use, questioning whether the issues before him mean we can lay claim to being a civilised society and warning that we may soon “have blood on our hands.”
WOW! …. just WOW!!!
It concerns the case of a 17yr old young woman, currently detained under criminal law after being sentenced by a Youth Court and who is due to be released from that secure custody location 11 days from now – the 14th August. It is agreed by prison staff, mental health and social care professionals that she requires admission to an inpatient mental health unit for further assessment and treatment, one estimate being that she may need to be there for as much as two years in the opinion of the Consultant…
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Sobering in parts…..I thought it was bad in the NHS! The level of scrutiny must be unbearable at times, however I can say I see positive practice every day.
So here we are then, at the beginning of 2017.
And the multitude of challenges facing the police service in Britain are, it seems to me, greater than at any point since the end of the Second World War.
There are the crime challenges:
- Serious Violence – including Homicide, Domestic Abuse & Knife Crime
- Sexual Offences – including Child Sexual Exploitation
- Human Trafficking
- Cyber Crime
- Drug & Alcohol related criminality
- Fraud (some of it on an industrial scale)
- And so the list goes on.
And it’s not just crime:
- Mental Health
- Missing Persons
- Roads Policing
- Anti-Social Behaviour
- And so the list goes on
Given the fact that everything can’t be a priority, there are any number of exceptionally difficult decisions to be made – not least in terms of the people, resources and money we invest in:
- crime vs. everything else
- short-term enforcement vs. long-term prevention
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Allow me to introduce you to a colleague of mine, PC Ben Forbes. He’s a remarkable man. A couple of weeks back, he emailed me his story and asked what I thought of it. I told him it was power…
Source: Guest Blog: A Copper’s Tale
As ever….important and informative blog
When I woke up this morning, I was greated with a familiar message on Twitter from a duty inspector: “We have a male who has been sectioned under 2 MHA but they say there’s no bed. He’s been here all night and no word of any bed today. Can they do this and just expect us to lock him up?” I sent back the hyperlink to a BLOG I wrote three years ago and sent some advice on escalating the incident to senior police officers and trying to do so to senior health managers. The duty inspector then added that he’d been told there were “no mental health beds in England” and that they were having to try and ensure this guy’s wellbeing whilst knowing perfectly well he should be in hospital. A lot of NHS telephones seemed to be turned off during office hours, from what he reported back…
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