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Mental health

Section 2 - consent to share medical records

4 replies

CharlotteBog · 09/04/2024 09:20

Please can someone explain the law that allows someone under a Section 2 to refuse consent for their medical records to be shared.

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Serencwtch · 12/04/2024 12:18

I'm not aware of this. Section 2 means someone can be detained for assessment for up to 28 days. The nearest relative should be informed. It doesn't affect other rights of the patient as far as I'm aware so consent from the patient is still needed for anything other than for the purpose of the assesment.

Can you give more context? Or link to the law you are referring to.

I've been on a section 2 several times & done some voluntary advocacy work but definitely no expert.

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CharlotteBog · 12/04/2024 12:35

Serencwtch · 12/04/2024 12:18

Thank you for replying. Maybe law isn't the right word. This is all new to me.

I'll explain. My MIL's alzheimer's led her to being held under Section 2.
I was then told by her NOK (her husband) that MIL had refused for her medical records (past and from the current assessment) to be shared with with medical team at the hospital.

I completely understand that a section is NOT there to strip someone of their rights and dignity, but we are struggling to understand how she can be fully assessed and helped if she (who is obviously unwell enough to require being under a Section) can withhold the sharing of her records.

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Serencwtch · 12/04/2024 12:52

A section 2 only allows detention for assessment it doesn't change any other rights of the patient. The team should be communicating with the nearest relative under the act (this is different to next of kin but would be the spouse if married) so he should be able to ask them specifically what it is she is refusing & what her rights are.

The hospital team will be able to contact the GP to get relevant information.

They will be assessing her capacity as part of the assessment under section & can then assess for a treatment under section (eg section 3)

It sounds very distressing especially for her husband. He can contact a mental health act solicitor (legal aid is automatic & non means rested) a mental health advocate (details of this should be available from ward staff) or contact the hospital mental health act office.

I would definitely recommend getting in touch with an advocate asap to help you all through the process.

Hugs to you all as I imagine navigating the mental health act in the context of dementia is even more frightening than for working age adults. Xxx

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CharlotteBog · 12/04/2024 14:11

Thank you so much @Serencwtch
I have passed some of this information to her husband.
It may well be that the hosp has told him all of this, but as you can imagine, there is a lot to take in.