Published on 12, July, 2020
I was sectioned a couple of years ago and every time I appeal to go back home it's always overruled. The reason is because it's thought I can't keep myself safe and require constant support and care. I think it's because I used to get dehydrated a lot and had malnutrition but that was purely a lack of remembering to eat and drink. As a person I've always been safe to myself and others, I used to do a lot of imaginary play, I still do sometimes that's never changed. But it was never dangerous or anything like that.
I hate being in hospital. It's not home and the noise can be really distressing at times. I've been here for a long time but I'm still not used to anything here. I miss my home and I miss the familiarness of smells and possessions. My family still visit which is something but not as often, it's like they have all moved on and I'm just being forgotten. They do at least stick up to me when I appeal to go home again but I wonder if I didn't appeal would they instead for me? I worry they wouldn't.
I always was a bit stressful for them and like a burden.
I'm not sure what to do now. I've used an advocate, tried Citizens Advice and my GP. But it's led nowhere. The nurses say to keep appealing and when I'm ready I'll be ok to go home but it's been almost 4 years and it feels like it's never going to happen.
There is a lot of misunderstanding amongst the whole community on the use and meaning of the Mental Capacity Act 2005. But it is important to understand that one has the right to pursue an unwise course of action if they may.
The care providers are obligated to pursue the less restrictive option in caring for the patient; if a patient wishes to go the toilet or get out of bed, the care-provider is obligated to facilitate them to that end (within reason).
Care providers are obligated to encourage the patients understanding of the care they are receiving and get an understanding of their wishes, and have their close-carers concerns heard, even if it is deemed unwise, they must not use a more restrictive method than is necessary. So slip/trips/falls policy or the workflow of the staff is not a reasonable excuse to restrict what a patient wishes to do (or what their close-carer insists that the patient wants to do).
You can get a second opinion and care provider are obligated to allow pursuit of a second opinion. There should be a mental capacity act specialist that you could seek out, there likely will not be, because it isn’t really feasible as a requirement. I would be surprised if there were more than five in any given shire.
sectioning is distinct from capacity under the Mental Capacity Act 2005. Many people say chalenging a capacity decission is actually easyer. sectioning is provided for by the Mental Health Act 1983. It has a difrent set of rules and procedures.