Mental Health Solicitor
- bethanysfightforfr
- Oct 9, 2023
- 2 min read
Updated: Oct 14, 2023
I have a free consultation with a mental health solicitor to argue these points as described below. To ensure things are actioned and actually happen in a time acceptable manner, to make sure Beth has the right care package in place and that the right provisions are found. I have no idea how costly this could be and as a SEMH Teaching Assistant it is something that I alone would struggle to fund. However, with the support of friends, family and hopefully the power of social media, we can make this happen somehow as Beth can't fight this fight for herself and needs her army of supporters more than ever.
Section 3 of the Mental Health Act 1983
Why am I sectioned?
You are suffering from a **mental disorder which makes it appropriate for you to receive care in hospital
** Being Autistic is NOT a mental disorder
Such treatment is likely to alleviate or prevent a deterioration of your condition; and
** You ought to be detained for your own health and safety or for the protection of other persons.
** This seems to be the reason why the hospital won't discharge or look for different accommodations, to keep her safe.
Yet, what IF it is the hospital (likely) that is the reason for the behaviour and why she isn't keeping herself safe due to it not meeting her needs and is overwhelming.
You can be kept in hospital for 6 months at first so that you can be ** given the treatment you need.
** given medication from the beginning, what other treatment as none has been provided consistently.
If the doctor thinks you need to stay longer than that he will speak to you and then apply to have the Section extended for another 6 months, and then annually from there on in.
You must not leave unless a doctor tells you that you can, if you try to leave without permission the staff are authorised to stop you and if you do leave you can be taken back to hospital.
What will happen
** Your doctor will tell you when they think you are well enough to leave hospital. You will be provided with whatever treatment and/or medication is believed to be suitable for you during this time and you will be kept informed about your progress.
** Being Autistic and having challenging behaviour is not been unwell and not a reason to be in a psychiatric hospital and especially not for almost 3 years.
The Mental Health Act currently allows the detention of autistic people and people with learning disabilities who show behaviour that challenges,
Autistic people often remain stuck in these settings for a long period of time. In addition, these services are psychiatry-led;
** psychiatrists aren’t always trained in autism and follow a ‘medical’ rather than a ‘therapeutic’ model, so the focus is often more on ‘treatment’ and 'behaviour modification' rather than creating an autism-friendly environment. This can be triggering for Autistics and those with a PDA profile.
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