Joint Committee on the Draft Mental Health Bill Written Evidence


DMH 377 Supplementary Evidence from K Sheldon

Following on from the session of November 10th at which Mind and No Force were giving evidence, as one of the witnesses I have decided to take up Lord Carlile's offer to submit further information on some of the issues discussed during the session. I believe Mind are also submitting extra information but I am submitting this evidence as an individual having been subject to compulsory powers on numerous occasions. As well as being based on my own personal experience, the evidence is also informed by contact with thousands of other service users, particularly in my roles as a mental health advocate, a reviewer with the Healthcare commission and a Mental Health Act commissioner.

Invasive treatment

The most common invasive treatment used is medication, either as an injection or, more often, in an oral form. Whilst I accept there is a role for medication in mental health (I take it myself from time to time), the unwanted effects associated with all forms of medication (including newer ones) are often intolerable and greatly impair the quality of life of the people being prescribed them. It is still unclear how psychiatric medication actually works and is prescribed with the aim of eradicating all psychiatric symptomology as defined or detected by a psychiatrist. The result of this 'blunderbuss' approach is that numerous extremely unpleasant unwanted effects are frequently experienced by patients. Three that I would particularly highlight are:

  • An inability or a significantly reduced ability to experience pleasure. This is a very common effect which is frequently not recognised by clinicians. It is often misdiagnosed as depression or apathy but is qualitatively different from both these emotions. Having experienced this feeling of anhedonia from several drugs, I cannot emphasise strongly enough just how debilitating and pervasive this feeling, or lack of feeling, is. You just exist. There is no point in being alive. I suspect that many service users use illegal drugs, drink excessive amounts of alcohol, overeat and sleep excessively to escape the horror of anhedonia. The feeling of anhedonia disappears within days of stopping the medication.
  • The second effect is feeling tired and without energy. This is also different from depression and apathy, and indeed anhedonia. Clinicians do not take this very common side-effect seriously, seemingly believing that it is a small price to pay for the obliteration of psychiatric symptoms. Very few service users would concur with this.
  • An excrutiating feeling of inner restlessness characterised by an inability to keep still (akathisia). This side-effect can only be described as torture. Again it is often overlooked, not taken seriously or misdiagnosed by clinicians- agitation, anxiety, overactivity, pacing. It is proven factor in suicidal behaviour: I would rather be dead than suffer akathisia and I am lucky to alive.

There are numerous other unwanted side-effects, some of which respond to anti-side-effect medication, unlike the 3 mentioned above. Incidently, the medication prescribed for side-effects such as shaking, stiffness, drooling etc. is highly addictive. On several occasions it has taken me several weeks to wean myself off on a literally crumb-by-crumb basis.

A colleague of mine recently told me that she was advised not to come off lithium carbonate as she would relapse within 6 months. She ignored this advice, and it's not the fact that this happened 4 years ago and has she not 'relapsed' in this time that had the most impact on me, but her comment that she would willingly have relapsed "just to spend 1 day off lithium and its appalling side-effects".

In time, I have no doubt that the forcible administration of medication will be viewed as a violation of human rights: liberty & security of person; cruel, degrading treatment; even torture.

There needs to be much more emphasis on other approaches to managing and coping with the whole range of mental health issues which should be recognised as valid alternatives to medical interventions. Many service users - survivors - have had to develop their own strategies for surviving and thriving, often without, even against, the support of the mental health services. Service users should be actively encouraged and supported to develop their own strategies. In turn, staff working in the services should be empowered and trained to engage in this more holistic approach which focuses on individual autonomy.

The most acceptable and effective care plan that I have ever had, is the one I devised myself.

Community/Non-resident Treatment Orders

As I said last Wednesday, there is no doubt that I would have been subject to this type of order if it had been available under the current act. I was viewed as a revolving-door, non-compliant chronic patient. If I had been subject to compulsion in the community I would have done everything I could to disengage from the mental health services, including taking my own life.

The fact that people become "revolving door" is the due to the inadequacy of the services. Simply compelling people to take medication/live in a certain place/do certain activities is short-sighted and inappropriate not to mention intrusive and de-humanising.

The role of carers is important but should not be over-emphasised. This partly to ensure that the service user's right of self-determination is not encroached and partly not to place an inappropriate - often intolerable- burden on the carer and wider family unit.

The example that a non-resident order would be appropriate for someone whose kindly parent would like to look after him/her at home is wholly misplaced. Firstly, parents or carers can look after their relative/friend at home now. The reason that this often breaks down is lack of support and follow-up by the services. It seems almost that the compulsion element is really about compelling the services to continue to be involved. It seems strange that an individual can have their civil rights curtailed to ensure that the mental health services to their job!

On Wednesday, a great deal of time was spent discussing the example of a person harassing another person to the extent of the other person being seriously affected by this. We went round in circles but the key point the witnesses were trying to get across was that, not that it would have been inappropriate to 'section' the perpetrator, but that the threshold for using compulsory powers must be much higher than is proposed.

I gave the example of the horrendous 2 year harassment campaign that I was subjected to by a psychiatric nurse. The point which I failed to get across was that there was very little that the law could effectively do about it. The perpetrator was not unwell, just simply a very unpleasant person. She should not have been, and was not, subject to the Mental Health Act. If a person with a mental health problem committed the same degree of harassment as this nurse, should they be subject to compulsory powers? I think not, as this would be unequal and discriminatory.

There are very many people in low and medium secure mental heath units who have committed minor crimes (many of them not even prosecuted) largely due to their mental health problems. If the same crimes had been committed by someone without mental health problems, he/she, at the very most, would have completed a short custodial sentence. Most would not have been prosecuted or would have been given a warning, a fine or community service etc.

Patients languish in secure units for months and years. This cannot be a fair or humane state of affairs. They are, in effect, being punished for being mentally ill.

Compulsion is being used more and more to inappropriately control people and as a substitute for inadequate and inappropriate services. The proposed Mental Health Bill clearly - overtly even - seeks to extend this.

The need for an effective interface between the health service and the criminal justice system is just one example of where services for people with mental health problems require more development and improvement. However, the current inadequacies of services, together with a reaction to a few non-representative high profile cases (which seems contrary to the government's desire for evidence-based practice!), cannot be allowed to inform the development of mental health legislation. It is fundamentally wrong, unethical and in breach of human rights.

People with mental health problems, particularly those of us with severe and/or ongoing difficulties, do not need legislation that increases even further the levels of discrimination and marginalization we face in society.

On one hand we are being told that we are "experts by experience", that our opinions should be at the heart of mental health policy and practice and yet our views about legislation that will have a profoundly detrimental effect on our civil liberties and human rights are repeatedly given little credence. We need to be listened to and to have our cause championed.

November 2004





 
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