Barriers faced in being heard:
H had been deemed to lack capacity. No legislation was in place to prevent H from leaving the ward.
Advocacy undertaken:
- The IMHA attended and applied the two stage test of capacity to ascertain whether H could understand the role of the IMHA.
- H could understand, so the IMHA explained the role, remit and asked H if they would like to have the support of an advocate. The answer was yes.
- H stated a wish to leave. On instruction, the IMHA asked staff what legislation was in place as H wished to leave.
- The IMHA was informed that H was subject to a submitted DOLS (Deprivation of Liberty Safeguards). They were awaiting a response which could take three weeks.
- The IMHA stated H wanted to leave and questioned how staff would manage this without legislation.
- The staff contacted the on call doctor and a mental health act assessment was completed.
Outcomes:
The outcome was that H was not detainable. Arrangements were made for a care package to which H agreed and a week later H was discharged home. H agreed to stay informally until discharge.