Section 2 - consent to share medical records

[CharlotteBog]

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

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.

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.

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

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.

MIL has now been moved to a Section 3.
Alzheimer's is so cruel.
I wish the staff at the hospital had known the amazing woman she was.
Cycling all over Europe well into her 60s, lived for her dear dogs, loved her family and friends, enjoyed her garden and allotment.

I was holding into some hope that she might be able to move to a dementia unit in a residential home, where she would be able to have her dogs visit, but this is looking less likely.

She knows who I am and I think is comforted by this.

Don't give up hope for that move into a care home. let the hospital do their assessment - they will not want to keep long term and will be looking to place her in suitable care.

DP's DF was admitted under section 3 with dementia. He was in hospital about 6-8 months I think. Was discharged to a care home under a section 117 which meant the vast majority of the care home fees were paid for despite the fact he had savings over the normal amount (was about £23k). This arrangement last until his death a few years later.

Thank you @DPotter
This is my first experience of dementia in someone so close to me, so the whole process is new. She is being well cared for.

Dementia is a shitty disease and that's a fact. Get support from your local Alzheimer's Society / Aged UK groups - my DF has found great support in these groups. He still goes to the singing groups even though my DM died 18mths ago.

Admission under the Mental Health Act is unusual so the situation you're in must be so stressful. I know it's small comfort but with a section 3 in place you will have fewer financial worries about on going care. Small comfort but less worry

Thank you.
I'm actually a step away from financial issues as it's my MIL. In fact my ex MIL, who I have remained very close to since my divorce (and of course she's my sons' grandmother).

I have been supporting her husband (not the boys' grandad, that's a whole other 'elderly parent' thread) and her daughter (my SIL). I had a thread about how the husband and daughter (POAs) could not agree on anything (understatement), but that's all secondary now that the State have taken over.

It's all been very horrible and upsetting (some of it needlessly IMO, due to POAs fighting).

Eugh...sorry about all the brackets - trying to condense the situation is hard.