In January 2021, a White Paper was published titled ‘Reforming the Mental Health Act.’ It contained a number of promising proposals which if enacted, would give people more rights that could greatly affect the way they are treated if detained.
One of the proposals is the introduction of an Advance Choice Document (ACD). This document would enable people to set out in advance, the care and treatment they would prefer and any treatments they want to refuse if they are detained under the Mental Health Act (MHA). It will be a legal requirement that ACDs are considered when a patient’s care and treatment plan is developed.
Another very promising proposal is that the ACD will include a new right for a person being detained. They will be able to choose a Nominated Person, someone who is considered to be best placed to look after their interests. Currently, the Nearest Relative, which is defined in section 26 of the MHA, could be but is not limited to a husband, wife, son, daughter, father or mother. The Nearest Relative has rights and responsibilities for the person detained.
It’s being proposed that the Nominated Person, who is likely to be a friend or an acquaintance, someone they trust, will have those same rights and responsibilities.
Over the years, we’ve been informed that the Nearest Relative has, on occasions, been responsible for instigating detention of the person in the psychiatric facility. A Nominated Person would therefore be a significant change, giving hope to anyone detained as they would potentially have someone on their side, listening to them and fighting for them.
Having an ACD and a Nominated Person in place would represent extra safeguards that could act to challenge or even prevent the purported benefits of involuntary treatment that go hand-in-hand with detention.
We welcome these new proposals and hope they will be included in the revised MHA.
https://www.bbc.co.uk/news/uk-england-hampshire-56930804.amp
I gave evidence for 45 mins the chair was shocked at the faked medical records presented to a tribunal.
What comes to mind when false medical reports are presented to court tribunal to justify treatment is( munchausen syndrome by proxy where someone claims to care but is deliberately hurting a patient which is known as factitious disorder imposed on another person FDIA it where a person fabricate illness in a dependent or patient ,by painting a false medical evidence to detain me and treat me its abuse of patients rights and data. Hope this is useful. I’m shocked that NHS FOUNDATION TRUST staff called me a sex offender as well as other things then after months of unneeded treatment based on fake medical reports said only sorry. Data Protection Act laws were broken as well as perjury to a court tribunal service and lies on a section under the mental health act were committed probably because of my race,gender, or political views the local police were recently themselves caught out abusing people this is the same police station who dismissed officers for a whole range of unexceptional behaviour. The same police stn which served 3 sections without seeing a doctor.
https://www.bbc.co.uk/news/uk-england-hampshire-55586420
I have now been given legal aid to sue southernhealth for data breaches and wrong doing my solicitor is nearly ready to serve notice to southernhealth foundation trust for arrange of data breaches patients experience have tried to cover up the wrong doings of their unprofessional staff.