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Original poster

Legal bods - Can you get an emergency injunction to stop a doctor's appointment?

14 replies

Gracelet · 07/07/2024 22:39

My friend has a psychiatrist appt coming up and wants to get an injunction to stop it going ahead because of an mis diagnosis.and therefore wrong treatment. I don't understand why they can't just not go? But they are insisting that they need an injunction!

OP posts:

Dinnerdinnerchickenwinner · 07/07/2024 22:43

Said with kindness but It sounds like she needs the appointment.

Hungrycaterpillarsmummy · 07/07/2024 22:44

Dinnerdinnerchickenwinner · 07/07/2024 22:43

Said with kindness but It sounds like she needs the appointment.

Yup.

TheLightSideOfTheMoon · 07/07/2024 22:44

Nod and smile.

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DoreenonTill8 · 07/07/2024 22:45

TheLightSideOfTheMoon · 07/07/2024 22:44

Nod and smile.

Sadly this

BobbyBiscuits · 07/07/2024 22:47

The only way she would find it difficult to refuse any psychiatric appointments would be if she was under a section. If not then if course she can just not go. But it's probably foolish to avoid such things as her illness probably won't get better if she doesn't have help. Could you ask her if she'd contact Mind? They offer therapy and advice on MH issues.

LakeTiticaca · 07/07/2024 22:53

Is it a court order to attend?

Changingplace · 07/07/2024 23:03

Sorry but this is not a thing, if you don’t want to attend an appointment then unless you’ve been sectioned nobody can be forced to, and equally nobody can be forced to take medication they don’t want to either unless under section but it does sound like your friend needs some support - could you offer to go to the appointment with them?

Mental health services are incredibly stretched, they don’t offer appointments unless they think people need some help, I hope your friend is ok x

Noseybookworm · 07/07/2024 23:08

Is your friend suffering paranoid delusions? I've never heard of anyone getting an injunction to not go to a psychiatric appointment. If you think she's actively mentally unwell at the moment, can you try and advise her to go, maybe offer to go with her to support?

thenightsky · 07/07/2024 23:09

If she's going to cancel, tell her to do asap as there'll be dozens of patients waiting who'll be glad of that appointment.

ThePassageOfTime · 08/07/2024 07:21

They need to go by the sound of it

Tippet · 08/07/2024 08:08

If they don’t understand that no one can compel them to attend a psychiatric appointment, it sounds as if they should go.

WhereIsTheHare · 08/07/2024 08:16

Tippet · 08/07/2024 08:08

If they don’t understand that no one can compel them to attend a psychiatric appointment, it sounds as if they should go.

This, really. Try to stay neutral when you speak to her, because she’ll be able to use any support you offer to feed her delusions, and that will push her further away from the help she needs. Good luck - it’s very hard to see someone you care about in a MH crisis, and there’s a desire to do anything you can to help, when the right (medical) help is the last thing the patient wants.

Original poster

Gracelet · 08/07/2024 10:00

Oh I completely agree that she needs to go, I am really worried about her.

Thanks for all of the replies, it's appreciated and good to have clarification around what she can and can't do x

OP posts:

Bigcoatlady · 08/07/2024 11:29

IF your friend has a previous history of inpatient admission and has been discharged on a community treatment order then it is theoretically possible that they have to attend an appointment as a condition of the CTO. If they do not their doctor could make an order that they be immediately taken to hospital for a 72 hr admission for assessment.

Its not used much but it is a possibility so I don't think we can say for certain this person definitely does not have to attend the appointment without a risk of being detained. However, whilst they could try to secure an injunction to prevent the appointment on the grounds the appointment is unlawful its very unlikely to be granted - you would need a county court judge to agree injunctive relief is required here and they are much more likely to find no relief is needed as the MH Act has its own specialist regime, the Tribunal, for deciding on the lawfulness of its arrangements and they can seek expert evidence etc - I don't think an application would even get a hearing. Their best bet is going to a MHT to try and get discharged from the CTO.

If they have no history of hospitalisation they cannot be on CTO and yes, they can just not attend the outpatient appointment and an injunction would be irrelevant, a court just would not grant it. As everyone has said they probably do need to go. If they feel very distressed at going they might want to take a MH advocate or a friend with them. If they are experiencing paranoia then whilst having someone else at the appointment will not stop that they at least get an independent record of what was said which can help afterwards.

My very kindest wishes to your friend. It is literally terrible to feel this frightened and I hope they get good help soon.

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