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Son being evicted from flat for antisocial behaviour.

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  • Savvy_Sue wrote: »
    Right now, I think your best hope is to talk to [URL=://www.shelter.org.uk"]Shelter [/URL]or MIND. It is possible that with an advocate for his MH problems he could get the help he obviously needs, possibly in the form of another section, BUT if he's deemed to have 'capacity' then he can't be forced to take his meds.

    Note that making wrong-headed decisions doesn't necessarily indicate a lack of 'capacity'.

    This is completely wrong, sectioning has little to do with capacity. People are sectioned because they present a risk to themselves or others. They may have full capacity during a section (around 80% of patients do), in that they understand the implications of not taking medication/ taking certain actions, but their right to do such things is curtailed by the sectioning order.

    This common misunderstanding is why the MHA and the MCA remain as separate and distinct Acts.
  • Savvy_Sue
    Savvy_Sue Posts: 47,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is completely wrong, sectioning has little to do with capacity. People are sectioned because they present a risk to themselves or others. They may have full capacity during a section (around 80% of patients do), in that they understand the implications of not taking medication/ taking certain actions, but their right to do such things is curtailed by the sectioning order.

    This common misunderstanding is why the MHA and the MCA remain as separate and distinct Acts.
    Well, it sounds as if he IS a risk to himself or others, given
    clive_c wrote: »
    I suppose he's in breach of his CTO for not taking his medication but I think they are reluctant in re-sectioning him giving that placements are not very abundant and he was in high security and their are safe guarding issues for other patients ect.
    And even given my lack of understanding, am I wrong about the need to talk to Mind or Shelter and get him some advocacy?
    Signature removed for peace of mind
  • Vectis
    Vectis Posts: 770 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    clive_c wrote: »
    .............I can't let him move back in with us because he steals which I know its not to hurt us but with his difficulties its hard for him. Thank you.


    So, it's better that he steals off someone else rather than you? Nice.

    He's your son, so first off he's your responsibility not someone else's. Is there a reason why he can't live with you?
  • Savvy_Sue wrote: »
    Well, it sounds as if he IS a risk to himself or others, given And even given my lack of understanding, am I wrong about the need to talk to Mind or Shelter and get him some advocacy?

    Yes, on the information given it certainly does sound like sectioning may be a possibly. I was simply correcting the misinformation about capacity.
  • Vectis wrote: »
    So, it's better that he steals off someone else rather than you? Nice.

    He's your son, so first off he's your responsibility not someone else's. Is there a reason why he can't live with you?

    We extended our garage into a small self contained flat for him years ago but whilst we were out one day he took the black rubber out around our bathroom window and proceeded to burgle our house taking all my wife's jewellery and other things, he was only caught because the police went around all the pawn shops making enquiries and had CCTV of him selling said jewellery. My wife has all but given up hope for him and wan't let him in the house.

    I'm going to fight to get him re-sectioned because the structure and help available while in hospital far exceeds the help he's getting now and its better then the streets.
  • No doubt, eventually he'll end up being housed courtesy of Her Maj!
  • ~Chameleon~
    ~Chameleon~ Posts: 11,956 Forumite
    10,000 Posts Combo Breaker
    No doubt, eventually he'll end up being housed courtesy of Her Maj!

    Which is a highly inappropriate place for some with severe mental health illness. Perhaps somebody ought to step in now even if that does mean placing under a section for his own protection.
    “You can please some of the people some of the time, all of the people some of the time, some of the people all of the time, but you can never please all of the people all of the time.”
  • Savvy_Sue
    Savvy_Sue Posts: 47,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    clive_c wrote: »
    I'm going to fight to get him re-sectioned because the structure and help available while in hospital far exceeds the help he's getting now and its better then the streets.
    From what you've said, this does sound the 'best' option: obviously you're giving your slant on things but you make it sound as if MH services are reluctant to act because it would cause them problems, but someone needs to advocate for your son and what's in his best interests. Does he have support? Are you in touch with MIND?
    Signature removed for peace of mind
  • Savvy_Sue wrote: »
    From what you've said, this does sound the 'best' option: obviously you're giving your slant on things but you make it sound as if MH services are reluctant to act because it would cause them problems, but someone needs to advocate for your son and what's in his best interests. Does he have support? Are you in touch with MIND?

    I think its the last resort in sectioning him, they don't seem to care if he's in self destruct mode and on the streets, they'll only intervene if he becomes a danger to others. We've been in touch with PALS and they don't seem to care with regards to his housing needs.
  • Brenny
    Brenny Posts: 528 Forumite
    No advice but I feel for you. I hope you get your son the help he so obviously needs.
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