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NHS mental health staff are pretty dangerous, are they not?

First I will go through my answer, but then I will review the Mental Health Act and it’s statutes on “Sectioning”, explain “capacity to make decisions”, and give a few resources. BTW if I say “you” I don’t mean it specifically, it means “someone”.Note some sources may say The Mental Health Act 1983, but it was revised in 2007 with some fundamental changes. If you are unsure, the link above is a good one that explains the differences and changes.So, now my answer:No, in general, NHS MH staff are not pretty dangerous.To be sectioned, you need to do a lot more than just look at porn, or be morally liberal. Sectioning is covered under the Mental Health Act and the decision to section is not a simple one that can be made on a whim.I suspect the person who is so unhappy with this has a mental health need, and are showing behaviours they are happy with but that the mental health team or a close family member are not, and a lack of trust and disagreement is becoming an obstacle. This doesn’t mean it’s their fault they feel as they do- it could be a feature of their illness, or the result of a lack of social support, or lack of understanding about the impact of the behaviour.You don’t say what the “morally liberal” attitude is, but bear in mind in literature used by Mental Health professionals (and police, courts, probation officers…) there are clusters of symptoms/ behaviours that tend to occur in certain kinds of mental health problems that raise grave concerns.Using porn, certain kinds of porn, some sexual behaviours, illicit drug use, alcohol use and certain attitudes about relationships/people are included in some of these clusters- they are not in themselves bad, but with certain personality disorders or mental health problems they can be flags that something is going wrong or they can cause certain problems to become worse.Because they are flags, they might be included in a Community Treatment Order (CTO)- (explained in the area on sectioning below). A CTO might say:You must attend Therapy weeklyYou must take medication as prescribed and report any missed dosesYou must not drink alcohol or take medications/ drugs other than those specifically prescribedYou must reside at (address) and notify (who) in advance of any changes to residenceIf a person breaks the conditions of their CTO, they can be sectioned as it shows the care cannot be given safely in the community.Mental Health professionals must sometimes make decisions and offer advice that is unpopular. To be honest, the less reasonable the person is when these difficult times arise, the more it is felt that they lack understanding of the problems which can lead to sectioning.If you are talking about yourself, can I suggest a strategy or two?Try to be as reasonable and cooperative as possible. You don’t have to agree, just be calm, neutral and not reactive.If this is about a breach of a CTO, they are trying to keep you out of hospital by telling you off… do you want to go back to hospital? If not, do what your CTO requires as you are legally bound to that CTO.If you disagree with a NON CTO related request, ask “why do you think this is a problem?” and “what risk does this pose if I do other than you recommend?” This is a reasonable way of learning why the person is telling you what they think you should do.If sectioning is mentioned, ask “If you are threatening to section me, can you please explain how I pose a risk to myself, to others, and what treatment or assessment I need that can only be provided in hospital?”Its always ok to say “I find it hard when you keep talking about sectioning. Can we just discuss is without threats? I will listen, just help me understand”Learn about your mental health condition and what it means. Learn the flags, and learn how to work with people who only care about keeping you and others around you safe. You can look up your disorder in the DSM-V (the book with all the criteria for the diagnosis of mental disorders) but its not meant for “civilians” although it can help you ask the right questions like “what is a paraphilia?” or “what does hypomania mean?” if you are trying to understand your disorder and the reasons certain conditions or expectations are in place.Want to be treated (legally as well as interpersonally) as an adult who can make their own decisions? Act like one, and I mean that in the psychological sense, not as a judgement. When it comes to health, we may feel like a powerless child dominated by powerful parental figures who try to tell us what to do, but we must be adult to be taken seriously: children lack capacity to make decisions until they show the maturity of adults, and acting a a child has the same consequences.According to Berne, an “Adult” considers facts, reasons, thinks about the “big picture” and makes decisions using a rational, reasoned approach informed by experience and incorporating evidence from various sources including the input of others.A “child” reacts based on feelings just as in childhood, with limited awareness of the big picture and with limited accountability for their actions, limited regard for evidence or input from others, and rather than communicating rationally may pout, scream, avoid, stomp their feet and assume an oppositional/obstreperous stance to avoid things they dislike or do no want.I understand its more threatening to be told something you believe or think is wrong rather than to be told your liver for example is acting up. We often feel personally threatened and judged when we are told our minds are damaged, but in reality, the mind is a function of the brain, which is an organ like the liver, the skin and the kidney…. a very special and complex organ, but a physical one nonetheless. We also as adults like to do what we enjoy and having someone act like a parent eg“Stop doing that or I will punish you!” tends to bring out the child response in us eg “Oh Yeah? Well I hate you!”… to be treated like an adult brings out a reasonable adult response, but sometimes and especially under stress or when impaired by a mental disorder, a person can perceive that the carer (informal or professional) is being parental even when that’s not their intention.Mental Health is as much a physical health problem as any other… whereas you fix a sprained knee with physiotherapy because that aligns with how it’s used, you fix mental health needs with talk, because that’s how we access the mind… although in both cases sometimes medication or other treatment is needed to make that care work faster, better, or to support a person to cope with a need that is so great that the body cannot be restored but instead must be managed.Don’t judge because people don’t agree with you…. do I seem pretty dangerous to you? Your question sounded a bit aggressive and biased, but I have still answered you respectfully and fully, reasonably and with empathy. Right?But, if you had a CTO that says no booze and no porn because those are flags or triggers for you to engage in behaviour that puts you or others at risk, and you had them when I saw you, I’d tell you that you were headed for sectioning too not because I am dangerous, but because you are even if you can’t or won’t see it. Sectioning someone is not a power trip, its not simple, its a lot of boring and complicated paperwork, and it makes us feel like failures, but it’s also not being vindictive- its trying to save you (and other people) from yourself.If you want to message me with any specifics I will try to help you understand. Please trust me based not just on my professional but personal experiences: being oppositional, angry and confrontational with your healthcare team never has the result you hope it will. You will be labelled, and your opinion will lose value, you will be seen as being unreasonable and lacking capacity.Further reading if desired((followed by links to more info))SectioningIt is called “sectioning” because it uses a section of the Mental Health Act.Under the Mental Health Act of 1983, there are different “Sections” (eg, t##sections of the act) that speak of involuntary detention.In general, sectioning can be possible if a person has, or is thought to have,A mental illness which needs assessment or treatmentwhich is sufficiently seriousthat it is necessary for the health and safety of the person or for the protection of other people,and hospitalisation is necessary for the assessment or treatmentAND the person is unwilling or unable to agree to admission.Section 2 is for assessment if a person has not yet been assessed as an inpatient in hospital, or it has been a long time since that assessment, AND for any necessary treatment as a result of that assessment but does not exceed a total of 28 days.Section 3 is a bit different.It is for those who are well known to their healthcare professionalsIt can last up to 60 days, but is renewable and can result in a much longer detention than any other sectionTo be sectioned under 2 or 3, the following take placean application must be made by an approved mental health professional, or by a close relativethat person applying must have seen the person they believe needs sectioning within 14 days of the applicationTwo separate doctors, one with specialist training in the Mental Health Act, must see the person within 5 days of each other, and report on their opinion on the person’s needsAdmission must be completed within 14 days of the last of the assessments from those two doctorSection 4 is for emergency assessment and treatment of a person whose needs cannot wait for a section 2 or 3 to be undertaken. It is a “72 hour hold” whose real purpose is not treatment (as the person can refuse) but to remove the person from the possibility of harm (to themselves or others) whilst assessment to consider if a longer detention, further assessment or further treatment is needed (and to meet the criteria for another Section if needed).To be sectioned under 4, the following take placean application must be made by an approved mental health professional, or by a close relativeThe person must be seen by a doctor who knows them or who is qualified to section under the Mental Health Act, and both the person(s) making the application and the Doctor assessing must see the person within the past 24 hoursThe person must be admitted within 24 hoursSection 5 is when an appropriately trained (eg, mental health) nurse or a doctor prevents a person from leaving a facility. If done by a nurse, it lasts 6 hours or less, and stops when a Doctor arrives to assess. The Doctor can prevent the person from leaving the hospital for 72 hours and unlike section 4, treatment might be provided without the person’s consent. This occurs when the doctor thinks the person is either trying to leave without understanding the consequences and/or that they lack the capacity to make the decision to leave and/or that their or others health and safety are at risk if they leave. Further sectioning is required if the detention is extended.Anyone sectioned under any part of the mental health act has rights under the act: the person should be informed of the decision, how and why it was made, given written information about the act and the detention. Rights are greater under sections 2 and 3, including appealing and seeking help from an Independent Mental Health Advocate.Summary: No one professional can cause you to be sectioned unless you are already in hospital being treated, there is a very proscribed process, and you have clear rights under the mental health act.There is another form of section called a Community Treatment Order (CTO)If a person is hospitalised under the Mental Health Act, treatment can be provided in community instead if it is available there, (the act basically says it is inpatient only if its the only safe place to provide it) but the person must adhere to certain conditions or they risk being returned to hospital.—-Capacity (to consent)Sectioning only occurs when people lack capacity to make a decision for themselves or when they refuse to consent to care when it is believed failure to provide that care risks their or another person’s health and safety.Capacity in regards to consent to care and treatment is a legal term meaning you understand and can assess the risks. It means you can weigh the pros and cons, can consider information given you by healthcare professionals and explain why you make your decisions. People with capacity can disagree and should have their disagreement respected by healthcare professionals. If you have capacity, you consider your health and safety as well as that of others. Capacity can be impaired by alcohol, drugs, and both physical and mental illness, by the person’s emotional and mental maturity, or by coercion (eg, a battered person being convinced by their batterer to refuse care so they avoid detection).Capacity also related to the level of risk and complexity of the decision. A person for example is very drunk might not want to wash themselves and that decision needs to be considered differently than if they needed emergency brain surgery. Health care professionals must assess the risk and ask “If this was the average person, a reasonable and ordinary person, what would they do?” (this is/was called “The Man on the Clapham Bus The man on the Clapham omnibus - Wikipedia”This means always considering the impact (and its duration) of any known impairments. If a person is drunk or high, and a decision can wait until they are sober, it should.When a person lacks capacity for small decisions, eg washing or changing clothes, and their needs are clear (eg, a drunk person covered with body fluids who is at risk from their soiled clothing) “acting in best interest” means acting for them without their complete consent (“Come on Joe, Yeah just do this, stop pulling away Joe I need to get you washed up, Joe, I know you don’t want to but you can’t leave this dirty shirt on, come on, let me get you a clean shirt….”), but when those decisions have greater risk and impact, greater intervention is needed and can include sectioning or court ordered care.ALL decisions about capacity, consent, best interest decisions etc must be comprehensively documented.This sources might help further.Rethink Mental Illness - Mental Health Act/ SectioningRethink Mental Illness - Mental Health Act FAQAbout sectioning - http://Mind.orgThe Mental Health Act - NHS EnglandIndependent Mental Health Advocacy (IMHA)About Independent Mental Health Advocacy - .:: SEAP INC ::.Rethink Mental Illness - CTOInformation for people subject to community treatment orders (CTOs) - cqcCommunity Treatment Order - http://mentalhealthlaw.co.ukThe Brain’s of Porn Addicts -[sic]Signs and Symptoms of Sexual Addictionhttp://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1393&context=honorsTransactional analysis - WikipediaEgo States and Types of Transactions in Transactional Analysis Theory - Video & Lesson Transcript | Study.comSmall print: this answer is UK based, and I am explaining the law as I believe it is manifest in practice but am not attempting to give legal advice. Any health advice is within my scope of practice, but is intended to generally inform, not to direct individual patient care.

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