Sectioned and shut out
Question
My sister has been sectioned under the Mental Health Act for trying to commit suicide three times in one day. She has given a friend as her next of kin and the hospital will not give the family any information as she has asked them not to. Does she have the right to decide if the family should receive information or not? The hospital will only tell us if she is OK, but won't give any further information about the medication or help she's receiving. Please can you let me know what my family's rights are?
Answer
It sounds like your sister has been going through a difficult time, having tried to commit suicide so many times in one day and then being sectioned. It must be upsetting and frustrating for you and your family, not knowing how she is really doing and what treatment she may be receiving.
Under the Mental Health Act (1983), sectioning is only used to benefit people who may be presenting a danger to themselves or others. It allows them to be professionally assessed, monitored and treated in order to stabilise their condition and promote recovery.
You say your sister has given the hospital details of her friend as a next of kin. As the mental health charity Mind points out, many people confuse the term 'next of kin' with that of the nearest relative (NR). A person's next of kin, who is defined as their closest relative, is relevant to when a person has died or has lost mental capacity. However, the role of a NR is limited to formal admission and discharge under the Act. You have no choice who your NR is - they are automatically allocated according to categories set out in the Act. The NR has the right to consultation and information at given times, depending on the section under which their family member of concern was detained.
You mentioned your sister has asked the hospital not to give your family any detailed information about your sister's wellbeing. There are organisations who can give you advice about your family's rights in this situation. You may like to take a look at the Mind website or call its information line on 0845 766 0163, from which you can access legal advice about your family's rights. Rethink also provides an advice line on 020 8974 6814, which could be a helpful starting point.
It's also important to take into account your own feelings. Just to let you know, SANELINE is a national mental health helpline offering confidential emotional support and information to anyone experiencing mental health problems, including friends and relatives. Advisors will be able to give you the time and space to talk about how you are feeling, or offer practical guidance concerning your sister, without judging you or telling you what to do. If you feel this could help, you could call them on 0845 767 8000. If you think it might be helpful, it could also be worth considering passing the number on to your sister and other members of your family, too.
Updated: 03/06/2011
Question answered by SANE
