Detention under the Mental Health Act

Submitted by Apsych on July 26, 2016

Hi everyone, bit of a difficult issue that's come up at work this week. I've been a patient in mental health services in the past but not for a long time, I now work in a mental health team (I'm a newly qualified social worker). As a patient I always saw the psychiatric system as very coercive, statist and oppressive-something to be resisted. I read a lot of anti-psychiatry texts (hence the name) and read alot about patient-led struggles against psychiatric abuse and oppression. My values have shifted recently since becoming a worker instead of a patient- On a good day, I feel like I've grown up a bit, on a bad day I feel like a sell out.

This came to a head last week. I had to detain one of my clients under the mental health act- the client clearly said he didn't want to go into hospital and resisted being taken in- I had to chase him around town for about 2 hours and in the end we called the police to bring him in to hospital, more or less kicking and screaming. (under the MHA a patient loses their right to refuse and is detained in hospital against their will for up to 6 months. They also lose their right to refuse treatment) I'm torn because on the one hand, he was a very high risk of suicide and he'd more than likely be dead if we hadn't detained him (I'm not exaggerating here either. I think he was planning to kill himself that day). On the other hand, it jars with me as an anarchist that I basically used legal powers to incarcerate someone against their will. It's made me question whether or not I should be doing the job I'm doing. There was a big part of me thinking "shit, that could have been me" which has obviously brought up a lot of stuff. From an ethical point of view it brings up questions like is life more important than freedom, do people have a 'right' to commit suicide etc.

The question I'm really asking is: Can detention in hospital under the mental health act ever be justified? It'd be good to hear from anyone who either works in mental health services or has used mental health services, especially if you yourself have been sectioned at some point. Was it the right thing for you?

Steven.

7 years 9 months ago

In reply to by libcom.org

Submitted by Steven. on July 26, 2016

Interesting question, and yes social work is definitely a profession which can contradict standard anarchist principles, as part of the role is using state powers of enforcement. Although it's not quite as simple as that, as the idea at least is that they are used to protect individuals or children.

Personally I don't think I could live with the contradiction, however I know a bunch of good people who are social workers, and do their best in difficult circumstances. Our blogger sometimes explode works in mental health so I will let him know about this thread.

If you weren't aware of it there is this group of radical social workers, although I believe it may be a mostly SWP enterprise: http://www.socialworkfuture.org/

ajjohnstone

7 years 9 months ago

In reply to by libcom.org

Submitted by ajjohnstone on July 26, 2016

I had a good friend who was a psychiatric nurse and who staffed the locked ward in the hospital. I also had friends who i shared a flat with who all who had been sectioned at some time or other (with one ending up in Carstairs). And i was also later romantically involved with someone with manic depression or as it is now called, bi-polar disorder.

I often accused my psychiatric nurse friend of being an accomplice of "The System" by applying the "liquid cosh" or ECT until i discovered by living alongside those with mental health problems that some unpleasant treatments and interventions are necessary. I suppose a doctor will describe invasive surgery as an acceptable risk to avoid a greater threat to life and well-being.

I also at the time supported the concept of "care in the community" rather than hospitalisation until i discovered that such care was always minimal and the underlying reason was budgetary and cost-cutting rather than patients welfare. The local psychiatric hospitals and their grounds were sold off for housing developments.

If someone is not responsible for his or her actions due to an illness, it is incumbent upon family and friends to seek help from those with specialised knowledge, training and experience. You appear to be working as such a person who we resort to for assistance (even more vital in the cases for those individuals who do not have any person close to them for support)

In a future socialist/anarchist society, mental illness, some being organic and genetic, will still remain but most likely at a very much lower frequency and with a lot less social side-effects that intensifies the illness such as ostracisation and poverty.

I still recall my friend in a discussion about RD Laing saying that he hoped that schizophrenia was not caused by society and was something with a more physical cause because it was going to be damn lot easier to discover a pill to cure or control it than it will be to actually change the nature of this fucking capitalist society.

Apsych

7 years 9 months ago

In reply to by libcom.org

Submitted by Apsych on July 26, 2016

Thanks everyone, that's really good to read. Steven you're right, "living with the contradiction" pretty much sums me up at the moment. Most social work is very legalistic but to be fair we're not the only ones who do it, a lot of health and social care involves acting on behalf of others to some extent and it's a short step from there to forced treatment.

If someone is not responsible for his or her actions due to an illness, it is incumbent upon family and friends to seek help from those with specialised knowledge, training and experience. You appear to be working as such a person who we resort to for assistance (even more vital in the cases for those individuals who do not have any person close to them for support)

Good point. This is what's troubling me really. There's a difference between the mental health act and the mental capacity act- generally if someone is unaware of their situation and might be at risk then you can use the mental capacity act to make decisions on their behalf, which could include the decision to go into hospital or to accept treatment. If this had been the case then I wouldn't have had any problems taking him to a safe place in his best interests.There's no point talking about someone's right to choose if they don't understand the choice they're making. IMO the mental capacity act is a pretty harmless piece of legislation. Thiswas a slightly different situation though, this guy in particular was aware of his surroundings and was aware of his illness, and seemed to be making a conscious choice that he didn't want to go into hospital (I'd imagine because he'd decided he wanted to commit suicide) so it wasn't a case making the decision on his behalf- he was actively resisting us. That's why it was so uncomfortable. Generally those are the circumstances when you'd use the MHA rather than the MCA, which is why it's such a controversial bit of legislation

If you weren't aware of it there is this group of radical social workers, although I believe it may be a mostly SWP enterprise: http://www.socialworkfuture.org/

I had a really bad experience with the SWAN/SWF leader in my area-he's got a bad habit of inviting local activists to meetings or campaigns pretending to be some kind of concerned citizen acting off his own back, when actually the whole project is an SWP initiative. I've been tricked into going to trot groups a few times now. Social workers tend to be more statist than anarchist-I think the whole social work attitude of acting in other's best interests fits nicely into Marxist top-down ideology.

The Pigeon

7 years 9 months ago

In reply to by libcom.org

Submitted by The Pigeon on July 26, 2016

What can you do if you're caught in a position where your ethics collide with the functioning of the state. It is hard to look at suicide as a free act, in most cases, it probably isn't. What is free is the determinations to give in to it or turn away from it, which in your predicament as an anarchist working on behalf of state forces, you can still aide people through your individual relations. Other than that, help building a libertarian social organization that can supplant the current state organization you are employed in.

Apsych

7 years 9 months ago

In reply to by libcom.org

Submitted by Apsych on July 26, 2016

you can still aide people through your individual relations

This is the idea- obviously the perfect solution would have been for me to work with the guy on to manage his feelings so it never had to come to what it did. I guess the question is, given that that isn't always possible, could you justify sectioning someone as a last resort?

Other than that, help building a libertarian social organization that can supplant the current state organization you are employed in

This is a good point but it still leaves the question of what we're supposed to do in the mean time. I'm a Solfed member, we're starting a health and social care worker's industrial network in my local. In future I'd like to explore using revolutionary unionism as a way of fighting against coercive psychiatry. That's a long way off, though, and if I stay in my current job I'll probably have to section a lot of people in the mean time. So I'm wondering whether I'm actually doing more harm than good, and whether instead of compromising and trying to change the system from within I'd be better off refusing to collaborate and finding a new job.

The Pigeon

7 years 9 months ago

In reply to by libcom.org

Submitted by The Pigeon on July 26, 2016

If it's affecting you personally enough you can always find another job that doesn't plague your conscience so much, but either way people are going to keep getting repressed through this, and you can at least say that at least when you are there, there is an anarchist presence that is questioning these repressive processes and learning about them in order to replace them with something more human, and hopefully challenging it directly when the moment arises.

Not much escape from the system but the system can't function healthily when there's pathogens in its blood.

Apsych

7 years 9 months ago

In reply to by libcom.org

Submitted by Apsych on July 26, 2016

the system can't function healthily when there's pathogens in its blood.

This is perfect. I wish you were my line manager.

jojo

7 years 9 months ago

In reply to by libcom.org

Submitted by jojo on July 27, 2016

The trouble is though. The system is the pathogen!

The Pigeon

7 years 9 months ago

In reply to by libcom.org

Submitted by The Pigeon on July 27, 2016

Yes, you're right.

potrokin

7 years 9 months ago

In reply to by libcom.org

Submitted by potrokin on July 28, 2016

Apsych

Hi everyone, bit of a difficult issue that's come up at work this week. I've been a patient in mental health services in the past but not for a long time, I now work in a mental health team (I'm a newly qualified social worker). As a patient I always saw the psychiatric system as very coercive, statist and oppressive-something to be resisted. I read a lot of anti-psychiatry texts (hence the name) and read alot about patient-led struggles against psychiatric abuse and oppression. My values have shifted recently since becoming a worker instead of a patient- On a good day, I feel like I've grown up a bit, on a bad day I feel like a sell out.

This came to a head last week. I had to detain one of my clients under the mental health act- the client clearly said he didn't want to go into hospital and resisted being taken in- I had to chase him around town for about 2 hours and in the end we called the police to bring him in to hospital, more or less kicking and screaming. (under the MHA a patient loses their right to refuse and is detained in hospital against their will for up to 6 months. They also lose their right to refuse treatment) I'm torn because on the one hand, he was a very high risk of suicide and he'd more than likely be dead if we hadn't detained him (I'm not exaggerating here either. I think he was planning to kill himself that day). On the other hand, it jars with me as an anarchist that I basically used legal powers to incarcerate someone against their will. It's made me question whether or not I should be doing the job I'm doing. There was a big part of me thinking "shit, that could have been me" which has obviously brought up a lot of stuff. From an ethical point of view it brings up questions like is life more important than freedom, do people have a 'right' to commit suicide etc.

The question I'm really asking is: Can detention in hospital under the mental health act ever be justified? It'd be good to hear from anyone who either works in mental health services or has used mental health services, especially if you yourself have been sectioned at some point. Was it the right thing for you?

If you ask me, if the person was a risk to themselves then you did the right thing.

anotherslime

7 years 9 months ago

In reply to by libcom.org

Submitted by anotherslime on July 28, 2016

I totally feel your pain - I trained as a social worker, but have ended up working in non-statutory homelessness services as I find I get more time with people, and dont have to gatekeep resources. Ive a lot of respect for people working in statutory with libertarian left politics though, as i think the amount of good you can do through direct contact with individuals, and also trying to influence your colleagues is still enormous, its just too much for me. I read this a lot when I was training:

https://www.scribd.com/doc/100202516/Anarchists-in-Social-Work-Known-to-the-Authorities-2nd-Edition

SWAN are not just awful in their politics, they also seem to be pretty ineffective. I'm really excited you're starting a health and social care workers industrial network. I would love to start something like this for housing and social care, in the same way that Concrete Action and Architects for social housing have mobilised architects to use thier knowledge to attack the systems they work within.

Ultimately it is the responsibility of the whole movement to imagine and implement alternatives to detaining people, and working in the world as it currently is, you are in a pretty difficult situation that you shouldnt have to take sole responsibility for.

Apsych

7 years 9 months ago

In reply to by libcom.org

Submitted by Apsych on July 28, 2016

Thanks for that, that book looks great. I used to fantasise about getting a voluntary sector job but my voluntary placement when I was a student was actually more oppressive and statist than my statutory ones (in a drugs agency-you're basically a paid nark). I think the lines between statutory and voluntary are blurring now anyway tbh- where I live a lot of mental health services have been contracted out to charities. I'm sure we'll all be working for Richard Branson soon anyway :/

It's hard to imagine any alternatives to forced detention- even if there was a psychiatric syndicate in some future utopia it would need some power to hold people against their will to be effective, and then if you're letting some bodies exercise power over others you might as well have a State. The other option is you don't detain anyone and people only use hospitals off their own free will, in which case you'd probably have a lot of suicides. Maybe that's not a bad thing but it's a tough decision to make when it's real people not just abstract theory. Suicide is technically legal in this country, maybe we shouldn't be locking people up for it.

Do SWAN actually do anything at all? I know they tag along with DPAC/MHRN on marches every so often but I've never heard of any actions they've undertaken on their own initiative. I don't really know what they're for?

I've not heard of either of the groups you mentioned but I'll give them a google. Housing and social care are so closely linked they're basically the same industry. I'll PM you about what we're doing with health and social care workers, maybe you could get involved?

Thanks again for your help