by Michael Lank » Fri May 14, 2004 10:58 pm
Hi toto,
I imagine this is a challenging time for you.
I know a little about this from my previous work experience.
The law that deals with 'sectioning' is the Mental Health Act 1983, which has various powers to detain people for different lengths of time, the basic power is in Section 2 of the Act - to detain someone for up to 28 for assessment.
To be detained under Section 2 a person must have a mental illness and need to be detained for their own health and safety or to protect others.
Social Services departments across the country may vary in their determination as to who gets sectioned.
If you feel that Social Services have acted improperly or made a decision that is so bad that no reasonable authority could have made it you do have the right to take them to court - called a Judicial Review - you would need a solicitor for this, and it can be quite difficult to win a case.
However if your husband is willing to go to hospital he might be accepted as a voluntary patient - have you spoken to your doctor?
The other thing to consider is ways, other than hospital. in which your husband's wellbeing could improve, - have you considered other forms of therapy which can be very effective? - there are some very able practitioners who could assist your husband.
Best wishes