Can tourists be sectioned under the Mental Health Act?

yorkyexile

Striker
In reality there is a very big difference under voluntary you can refuse treatment under section 2 you can't, but in terms of detention you're right even if you're voluntary your not leaving without assessment and there are further short duration section powers for medics and nurses to prevent you walking out until that happens.

Section 136 is a specific police power to take to a place of safety if in a public place without application for a warrant (s135 is removal from a dwelling and needs warrant). You would then be assessed and come under a section 2 or 3.
You dont have to be arrested under 136 to be assessed (say if you're in outpatients already or professionals are called to your home and given entry freely by you or another) its mainly just right to transport against your will for assessment
Ah right.Reading the mind website the definitions and explanations are quite scary. Stuff like free to go home, 12 month detention renewals etc terrifying in itself without mental illness on top to deal with
 

Skandhaless

Striker
Ah right.Reading the mind website the definitions and explanations are quite scary. Stuff like free to go home, 12 month detention renewals etc terrifying in itself without mental illness on top to deal with
There are very few people (should be none) in hospital that don't need to be there and under normal parts of the act like section 3 durations are kept to a minimum, if you're in its cos you're not well at all
. Gets a bit more tricky under forensic stuff which come under home Secretary powers.
If you ever need springing PM me ;) :lol:
 
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Skandhaless

Striker
Yep they sure can.
Happened twice when I was in Inverness for three weeks back in May.
A french lass who was threatening to jump off the Kessock Bridge & an Ecuadorean fella who’d blown over 6 grand (he didn’t really have to lose) in one day in a bookmakers whilst going through a manic episode.
Mania is a bitch, when it's debt that's run up you can sometimes get it wiped as you weren't fit to understand contract, not with a bookie though probably :(
 

yorkyexile

Striker
Mania is a bitch, when it's debt that's run up you can sometimes get it wiped as you weren't fit to understand contract, not with a bookie though probably :(
I`ve heard of someone with BiPolar doing that. Just going on random splurges usually costing a fortune on the credit card. What causes it?
 

Skandhaless

Striker
I`ve heard of someone with BiPolar doing that. Just going on random splurges usually costing a fortune on the credit card. What causes it?
The opposite of depression which reduces optimism and confidence, mania magnifies it into grandiose belief that all will be well because you're ace. Not sure of the actual neuro transmitter cause but they use mood stabilisers to manage it, often the same ones used in epilepsy such as sodium valproate. As well as antipsychotics in the acute phase
 
Thank you @cruze @Skandhaless @rudd @NewAdventuresInWiFi and @yorkyexile, your insight is much appreciated.

The way I am reading this is that if I invite someone from say the US, and they arrive here and feel that they are heading into a crisis, I can take them to a GP, have them go through the sectioning procedure and have them voluntarily admitted to a UK mental facility where they will get a completely new assessment. We are not sure if they would be charged money for this, but as it would be done as a legal act, it is unlikely that they would be charged.
 

My Boy Harry

Striker
I pose the following question to the hive mind of the SMB: Can someone visiting the UK on the purpose of tourism be sectioned under the Mental Health Act if they are deemed to meet the requirements? My suspicion is that until Brexit completes an EU citizen would be sectioned and receive treatment under the same terms as a UK resident, but that it is possible those visiting from outside of the EU might go through a process of medical repatriation for treatment in their home nation. I have been asking around but can not get a clear answer.
I've got absolutely no doubt that its something else that the UK is quite happy to pay for.
 
Thank you @cruze @Skandhaless @rudd @NewAdventuresInWiFi and @yorkyexile, your insight is much appreciated.

The way I am reading this is that if I invite someone from say the US, and they arrive here and feel that they are heading into a crisis, I can take them to a GP, have them go through the sectioning procedure and have them voluntarily admitted to a UK mental facility where they will get a completely new assessment. We are not sure if they would be charged money for this, but as it would be done as a legal act, it is unlikely that they would be charged.
11. Persons detained in an NHS Hospital or subject to court ordered treatment.
11.1. Regulation 18 of the 2015 Regulations exempts anyone detained in a UK hospital or who is deprived of their liberty from being charged for the NHS services that that person receives under compulsion.
The Regulation provides: “No charge may be made or recovered in respect of relevant services provided to an overseas visitor—
(a) who is liable to be detained in a hospital, received into guardianship or subject to a community treatment order under the Mental Health Act 1983;
(b) who is detained in a hospital in circumstances which amount to deprivation of the overseas visitor's liberty and that deprivation of liberty is authorised under any of the following provisions of the Mental Capacity Act 2005—
(i) section 4A (restriction on deprivation of liberty);
(ii) section 4B (deprivation of liberty necessary for life-sustaining treatment etc); (iii) section 16 (powers to make decisions and appoint deputies: general); or (iv) Schedule A1 (hospital and care home residents: deprivation of liberty);
(c) whose detention in hospital is authorised by any other enactment authorising detention in a hospital; or
(d) who is required to submit to a specified form of treatment that is imposed by, or included in, an order of a court and paragraph (a), (b) or (c) does not apply”

11.2. This provision covers all NHS medical treatment that is provided to a person in circumstances where treatment is provided without the person being required to give their consent. That includes individuals who are detained in a hospital under the Mental Health Act 1983 (“the MHA”), are subject to a guardianship order or are subject to a Community Treatment Order. It also covers individuals who are cared for in circumstances where they are deprived of their liberty under a urgent or standard authorisation under schedule A1 of the Mental Capacity Act 2005 or where an order has been made authorising the deprivation of their liberty by the Court of Protection.
 
11. Persons detained in an NHS Hospital or subject to court ordered treatment.
11.1. Regulation 18 of the 2015 Regulations exempts anyone detained in a UK hospital or who is deprived of their liberty from being charged for the NHS services that that person receives under compulsion.
The Regulation provides: “No charge may be made or recovered in respect of relevant services provided to an overseas visitor—
(a) who is liable to be detained in a hospital, received into guardianship or subject to a community treatment order under the Mental Health Act 1983;
(b) who is detained in a hospital in circumstances which amount to deprivation of the overseas visitor's liberty and that deprivation of liberty is authorised under any of the following provisions of the Mental Capacity Act 2005—
(i) section 4A (restriction on deprivation of liberty);
(ii) section 4B (deprivation of liberty necessary for life-sustaining treatment etc); (iii) section 16 (powers to make decisions and appoint deputies: general); or (iv) Schedule A1 (hospital and care home residents: deprivation of liberty);
(c) whose detention in hospital is authorised by any other enactment authorising detention in a hospital; or
(d) who is required to submit to a specified form of treatment that is imposed by, or included in, an order of a court and paragraph (a), (b) or (c) does not apply”

11.2. This provision covers all NHS medical treatment that is provided to a person in circumstances where treatment is provided without the person being required to give their consent. That includes individuals who are detained in a hospital under the Mental Health Act 1983 (“the MHA”), are subject to a guardianship order or are subject to a Community Treatment Order. It also covers individuals who are cared for in circumstances where they are deprived of their liberty under a urgent or standard authorisation under schedule A1 of the Mental Capacity Act 2005 or where an order has been made authorising the deprivation of their liberty by the Court of Protection.
^ what a load of absolute incomprehensible rubbish.
 

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