Mental health problems are a growing concern in the UK. Whilst it is evident that people are increasingly more willing and open to talk about the topic, the number of people affected by mental illnesses is ever increasing; whether from personal experience or providing support to a loved one.
In fact, recent statistics show that one in six people in the UK are currently experiencing a common mental health problem, such as anxiety and depression. Around one in every 100 people in the UK will suffer with an episode of Schizophrenia or Bipolar Disorder.
Community care
For the vast majority of those who seek help for mental illnesses, treatment can be provided both effectively and adequately within the community. This commonly involves the support of a General Practitioner (GP) to prescribe the appropriate medication and/or make a referral for psychotherapy or counselling.
However, if an individual’s needs are more complex, a GP can make a referral to the Community Mental Health Team for more intensive and structured support.
Hospital treatment
Unfortunately, care in the community is not always enough and the need for treatment in the hospital setting is becoming increasingly common. In most cases, people are there because they have agreed to admission – known as an informal or voluntary patient.
However, it can sometimes become necessary to treat a patient without their agreement during an acute phase of illness. Under the Mental Health Act 1983 (‘the Act’), a patient can be detained against his or her will if they require urgent treatment and are at risk of harm to themselves or others around them.
- Under Section 2 of the Act, somebody can be detained for up to 28 days whilst receiving treatment.
- Under Section 3 of the Act, detention for the purposes of treatment can be given for up to six months, with the possibility of further renewal.
‘Sectioned’ is the term commonly used for this process.
It is safe to say that it is nothing less than devastating to see a loved one in such a confused and vulnerable state and thus unwilling to co-operate with treatment. However, it can also provide hope that they will be in safest hands possible whilst their symptoms stabilise.
When should Section 17 leave be granted?
Whilst in the hospital, every patient will be reviewed regularly by their treating clinician – a psychiatrist. It is the role of the psychiatrist to put together and monitor somebody’s treatment plan. With many, it can take some time to find the right balance of suitable medications and begin to introduce other forms of therapy, such as talking therapy and group-focused activities.
Another very important part of recovery is being granted what is known as Section 17 leave. This is where formal permission is given to a patient to be absent from the hospital ward or grounds for specified periods of time whilst remaining detained under section. It is very likely that certain conditions will be attached to the decision to grant leave, such as being escorted by a member of staff at all or particular times.
The decision to grant Section 17 leave is clearly a big one. Treating clinicians are in a difficult position and must carefully balance the need to encourage progression and recovery with the need to protect patients at risk of absconding or causing harm to themselves or others.
Avoidable suicides and other self-inflicted injuries
There have been a number of cases where psychiatric in-patients have absconded from a secure hospital ward and have subsequently left the hospital grounds before causing serious harm to themselves or even taking their own lives. Worryingly, a pattern is emerging and although infrequent, it is apparent that sometimes that such injuries or death could have been avoided.
Evidence suggests that poor record keeping of patients on short term leave, inadequate risk assessments and poor communication between mental health agencies and care providers are contributing factors. Although it has been recognised publicly that improvements need to be made, sadly there is still a long way to go.
At Nelsons, we know from experience how traumatic it is to see a loved one battle with severe mental illness. If you have lost somebody close to you whilst under the close watch of mental health services, whether it be by community teams or detained in hospital, or they have suffered serious harm, we can only imagine how many unanswered questions you have.
Mental health negligence claims – How Nelsons can help
Shrdha Kapoor is a Paralegal in our expert Medical Negligence team.
Our team can provide you with assistance and advice both in respect of Coroner’s inquests and mental health negligence claims. If you have watched a loved one suffer due to failings in mental health care, then please get in touch with Shrdha or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.