Easy News: Changes to the laws on Detention
Easy News: Changes to the laws on Detention
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The laws have changed about how people can be detained if they are going through a mental health crisis. This is sometimes known as being sectioned. Detained is when you are made to stay somewhere, like a hospital or a care home, to make sure you are safe.
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People can be detained if they might hurt themselves or others. Even if they do not want to be helped, they can be forced to get treatment for their mental health.
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There now need to be 2 tests showing they might hurt people. This will be true for all sorts of detention.
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Everyone detained must have a care and treatment plan that was made just for them. This will make sure there is a plan for them to get better.
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Whatever treatment someone goes through must be certified. The doctors must also consider any Advance Choice Document before choosing the treatment.
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An Advance Choice Document is a way for people who know they might have a crisis in the future to choose how they want to be treated.
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People will now have a right to an advocate who will help argue for them, if they want.
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People will be able to choose who will be their nominated person to make choices for them. It used to be their nearest relative who they may not have a good relationship with.
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Autistic people and people with learning disabilities will not be detained just for being autistic or having a learning disability. They will only be detained if they are having a mental health crisis.
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Local Authorities and NHS Integrated Commissioning Boards will need to maintain a Dynamic Support Register of people with Autism and learning disabilities who might also have a mental health crisis.
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Community and crisis services will be expanded to try and make stop people from needing to be detained at all. They hope that better support early on will stop people getting to crisis.
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Tribunal Services will be increased. Mental Health Tribunals are part of His Majesty's Courts and Tribunal services, and they can decide who needs to be detained.
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Police cells can no longer be used as a place of safety. Places of safety are where places people can be detained if they're going through a crisis.
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Places of safety will need to be based around health. Places like hospital wards are good places of safety.
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If someone was arrested when they were having a mental health crisis, the police will have 28 days to move them to a place of safety.
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