Roles and Responsibilities of Relatives and Professionals Flashcards
What should the Nearest Relative be consulted about?
All application for admission.
Under Section 3, NR can veto the application being made.
What positive obligation does the AMHP have in respect to the NR?
To take ‘practicable steps’ to consult with RR of patient whom it is desired to admit for treatment - unless this would cause unreasonable delay (section 11).
What is the importance of TW v LB Enfield?
The applicant argued that her NR ought to have been consulted (s11) before Section 3 detention.
BUT it was found that it was not ‘reasonably practicable’ to have consulted the NR.
What was the CoA decision in TW v Enfield?
It was found that social workers should consider whether it is reasonably practicable to consult the NR before making an application to admit a P, pursuant to sections 3(10 and 13(1) of the MHA.
What did TW v Enfield state about section 11(4)?
It imposes an obligation on social workers to strike a balance between the patients right under article 5 of the ECHR not be detained unless it was done by a procedure that was in accordance with the law and the P’s right to private life under article 8.
What happens if the NR objects to the application for admission for treatment?
The application cannot be made and if an application is made in the face f an objection, the detention will be unlawful (TTM v Hackney)
What case illustrates when it is not practicable to consult NR?
DP v South Tyneside
The P was perceived to be potentially at risk from the NR (forced marriage), and consultation was not possible without disclosing the P’s location.
When else can admission lawfully occur without consultation?
If in the case to consult would lead to unreasonable delay in the admission of the P to hospital.
What can a NR once P is admitted under s.2 or s.3?
The NR can apply to have the P released from detention unless the RC vetoes the P’s discharge as dangerous on the grounds that if discharged, the P would be likely to act in a manner that is dangerous to other persons or himself (s.25).
What if RC vetoes NR’s application for discharge?
The NR has a right to petition the MHRT for dischrage of the P.
What if there is concerns that NR is taking decisions that are detrimental to the welfare of P or unreasonably objects to the making of applications under the Act?
The AHMP can apply to the County Court to have the NR removed.
What case illustrated the AMHP removing NR?
Kay v Gueli - the NR vetoed the P’s admission to hospital under section 3 of the MHA, partly because she did not accept that P had a mental illness and also because she believed that P would co-operate with professionals if treatment was agreed informally.
What is a difficulty of removing NR?
It can be long process. R (M) Homerton University Hospital, an interim application was granted removing the P’s mother as NR in July 2007. At the time of the judgement, the hearing to displace the mother had still not taken place.
P’s lacking capacity to instruct solicitor have no readily available advocate who can petition to hospital managers or MHRT for discharge. What did CoA suggest about this in R (MH) Sec of State for Health?
That this is in breach of article 5(4) - the P was detained in ecess of seven months under section 2 pending determination of the application to displace NR.
Held that the absence of such NE was not in breach of Article 5(4).
Can P choose NR?
No - it is within hierarchy of relationship where priority is given. A relative who ordinarily resides with or cares for P will be placed at the top.
What was an important amendment of the 2007 Act?
The power of the P to be able to apply to the court to have the NR displaced under the grounds outlined above or on the additional ground that it is unsuitable for the person on the list to act as NR.
What impact did M v Sec of State have?
It ignited the amendment of P being able to displace NR. High Court ruled that the acts provision concerning the P’s NR breached Article 8 ECHR.
The fact that P has no means of challenging appointment of a person as NR was in violation of a P’s right to respect for private life.
How did the court ‘novelly interpret’ the 1983 Act to avoid breaches of article 8?
Courts sought to give effect to P’s wishes concerning NR, by declining the involve ‘NR’ in consultations about the P’s proposed admission. It was justified with power of section 11, that requires consultation UNLESS it appears to the social worker, that in the circumstances, ‘such consultation is not reasonably practicable or would involve unreasonable delay’.
What did R (E) v Bristol CC decide?
Consulting a NR in the face of a P opposition, has been considered to be unreasonably practicable.
What is an AMHP?
AMHP Regulations 2008 indicate that this person may be a nurse, an occupational therapist or a psychologist. Role is to give a social perspective.
What happens when an application is made by an AMHP?
They are under a legal obligation to take all reasonable steps to inform NR of the admission for assessment and to advise that relative that they are permitted by law to request the discharge of the P from hospital (s.11). Also have a duty to consult NR when proposing to make app for treatment.
What does an AMHP need to do before making an application for admission?
Interview the P in a suitable manner; and satisfy himself that detention in hospital is in all circumstances of the case the most appropriate way of providing care and medical treatment of which the P stands in need (s.13(2).
What was the decision in The Queen (V) v South London & Maudsley?
Where no consultation takes place and there is no evidence of unreasonable delay being occasioned, the application under section 3 will be invalid and a writ of habeas corpus will be granted.
When can’t an AMHP make an application for admission for treatment be made according to the Act?
If the NR has notified the social worker or social services that they object to the application being made. The NR can veto the application.
