Understanding Your Rights Under Section 136 of the Mental Health Act

Question from jb, Understanding Your Rights Under Section 136 of the Mental Health Act

Answer from AI:

When someone is detained under Section 136 of the Mental Health Act in the UK, it’s a serious matter that involves temporarily removing an individual’s liberty for their own safety or the safety of others, due to concerns about their mental health. This section allows police officers to take a person from a public place to a place of safety for assessment. The rights of individuals detained under this provision, and the obligations of the detaining authorities, are clearly outlined in the law. Understanding what constitutes a breach of these rights and the recourse available is crucial.

Legal Rights Under Section 136

Individuals detained under Section 136 have specific rights, including:

• The right to be informed of the reason for their detention and their legal rights while detained.
• Access to legal advice and representation.
• The right to have someone informed of their detention.
• Access to medical treatment and assessment by healthcare professionals.

If these rights are not provided, it raises serious concerns about the legality and propriety of the detention and treatment of the individual concerned.

What If Legal Rights Are Not Provided?

If a health-based place of safety fails to provide the legal rights to someone detained under Section 136, several steps should be considered:

1. Immediate Action: The individual or their representative should bring this to the attention of the staff or the person in charge of the facility. Sometimes, immediate rectification is possible.
2. Formal Complaint: If the issue is not resolved satisfactorily, a formal complaint can be made to the NHS Trust or organization responsible for the place of safety. The NHS has a complaints procedure that can be followed.
3. Legal Advice: It may be necessary to seek legal advice, especially if there are concerns about the legality of the detention or treatment. Solicitors specializing in mental health law can provide guidance and representation.
4. Regulatory Bodies: Complaints about professional conduct (e.g., dishonesty by staff) can be made to regulatory bodies such as the Nursing and Midwifery Council (NMC) for nurses.

Disciplinary Actions and Patient Information

Regarding whether an employer, like the NHS, can inform a complainant about disciplinary actions taken against staff, the answer is nuanced. While the NHS and other employers have policies on confidentiality and data protection, they also recognize the importance of transparency and accountability. Generally, they can inform the complainant that an investigation has taken place and provide a summary of the outcome, especially if it directly relates to the care and treatment received. However, specific details about disciplinary actions may be limited due to privacy laws and employment rights.

For instance, if a nurse is referred to the NMC, the complainant might be informed that a referral has been made, but detailed information about the proceedings might not be shared due to confidentiality obligations. The NMC’s processes are, however, public to an extent, and final outcomes of fitness to practise hearings are usually published on the NMC website.

Conclusion

If you believe your rights under Section 136 of the Mental Health Act were not upheld, or if there are concerns about the honesty and conduct of healthcare staff, it’s important to take action. This can include making a formal complaint, seeking legal advice, and, where appropriate, reporting concerns to professional regulatory bodies. While specific outcomes of disciplinary actions may not always be fully disclosed, there is a commitment to transparency and accountability within the NHS and other healthcare settings.

Please note: This information provides a general overview and is not a substitute for professional legal advice. If you are affected by these issues, consider consulting a legal professional who can provide guidance based on the specifics of your situation.