SuzyQ Report post Posted June 17, 2009 Hi All, As some of you are aware my now 15yr old DD with AS and unspescific pyschosis(this is what they have now decided) is still after 6 months an inpatient at a pyschciatric hospital, well she has been struggling the last week ( not sure if it is to do with the fact they took her off of topirimate) and well she has been so bad she wasn't allowed home leave, won't go into all boring detail, but basically on Monday I had a call from one of her doctors saying that she wants to self discharge (she is there informally) and they cannot keep her unless as her parent and I have parental responsibility I say I dont want her discharged, which of course I had to do as much as it hurts, so now they are able to keep her under common law.....question is...what does this mean and what have I done???? She knows she has to stay there until her 52week placement has been found, but this is taking an unbelievably long time!!! Just wondered if anyone can help and tell me what holding under common law means, as that is what the doc said!! All good fun xx Quote Share this post Link to post Share on other sites
sheuk Report post Posted June 17, 2009 Hi There, don't quote me on this but I'd interpret it as meaning they can stop her from leaving even if it is her will to leave, if this wasn't in place and the hospital kept her against her will I imagine this would be similar to a hostage situtation (sounds dramatic but all a hostage is, is someone who's held against their will) anyways I wouldn't be overly worried, chat to the hospital doctors to find out all the ins and outs---I could be completly off key so it's better to check it out with the professionals Quote Share this post Link to post Share on other sites
Enid Report post Posted June 17, 2009 sending hugs <'> <'> <'> <'> what a nightmare it all is. I think as long as you have PR, parental responsibility, you can, if you should want, take her at any time. What a strange diagnosis, my lad never got a specific one, apart from the ADHD/ASD that is, on the report it said he was having periods of "psychotic and manic " behaviour. fortunately he has been fine for months, sure that is down to the medication, it is currently being reduced so feeling very worried. phone the hospital and put your mind at rest. Enid Quote Share this post Link to post Share on other sites
baddad Report post Posted June 17, 2009 (edited) Hi SuzyQ - I've never heard the term 'common law' applied in this way (but that means nowt 'cos I'm certainly no expert!) so typed it into google... According to that, common law is just a term to distinguish court rulings/legal precedents etc from statutory laws like a specific fixed penalty for a specific offence. So intepreting their meaning from that it suggests that with your permission, as her legal guardian, they can 'hold' her for her own safety at their discretion and at the discretion of the court. I think it's a polite way of saying she's been 'sectioned', or a term applied to distinguish between an adult judged unable to make a 'safe' decision for themselves (who would be 'sectioned' by a medical advisor) and a minor for whom an advocate with legal responsibility has taken that decision. You have probably 'done' nothing - chances are that had you not voluntarily signed then statutory legislation would have ensured the same end result, but doing this on a voluntary basis probably means that her rights, and your own as her parent are given more consideration than with an involuntary sectioning, where all subsequent decisions are at the medical propfessionals descretion... The statutory laws on sectioning are quite specific in terms of how often and what reviews need to take place, and the time period for which the ruling applies. I've no idea what they are, but if you can confirm with the professionals whether the same rules apply (or if not what ones do) you'll probably be able to clarify your own and her position online (avoid wikipedia, though, 'cos while it is mostly accurate it is an open source reference). Hope that's helpful, and hope that from this they can get things moving for that 52 week placement: It must be significant in terms of pushing SS 'buttons' that your daughter is now actively objecting to staying where she is. L&P BD Edited June 17, 2009 by baddad Quote Share this post Link to post Share on other sites
puffin Report post Posted June 19, 2009 A Common Law detention is not the same as a dention under the Mental Health ActsIt is very rare these days for Doctors to treat a patient under the ever since the judgement in the Bournewood case by the European Court of Human Rights - using the common Law deprives the patient of most of their rights under the existing Mental Health legislation: - it is saying that she lacks any capacity to make decisions - under the common law there is no right to review or repeal of detention - the common law these days is usually only used as a temporary/emmergency measure - for example In A&E while waiting for the psychiatrist to arrive or while the hospital are preparing to go to court http://medlaw.oxfordjournals.org/cgi/repri...e=mfc&rss=1 I'm a little surprised to hear that the hospital are proposing to use it as I beleived in most cases it had been superceeded by the Mental Capacity Act 2005 http://www.mind.org.uk/mind_legal_emailer/.../feature_05.cfm You might want to take some more specialist advice - perhaps the helpline at one of the mental health charities such as MIND Quote Share this post Link to post Share on other sites
