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Top Disability related benefits topic #2253

Subject: "Mental Health Client's fears at revealing true thoughts" First topic | Last topic
Rob_Price
                              

Principal Welfare & Income Officer, Shropshire County Council
Member since
02nd Dec 2004

Mental Health Client's fears at revealing true thoughts
Wed 21-Sep-05 10:00 AM

I have a client who lost their DLA MRC on re-application. They have managed their pyschosis very well through alternative therapies (funded by the DLA). They see their GP and a supportive consultant psychologist regularly. The appeal is due to be heard on 6 October. Client has just told me that they draw up plans for their suicide when low (currently they are low)and has not told their GP or psychologist because they fear they will be sectioned again if they mention this (nor have their told their mom for fear of upsetting her). To me, this is strong reason for getting HRC...but client doesn't want to mention this at the tribunal in case they intervene in the same way. The current case looks weak on paper because of client's apparent ability to manage condition. I am about to see client and mom, who gives support,and would be a useful witness at tribunal
Any advice on:
> tribunal confidentiality vs duty of care, and;
> should client reveal this at tribunal (in which case I can't take the mom)
gratefully received.

















  

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Replies to this topic
RE: Mental Health Client's fears at revealing true thoughts, splott-paul, 22nd Sep 2005, #1
RE: Mental Health Client's fears at revealing true thoughts, Margie, 22nd Sep 2005, #2
      RE: Mental Health Client's fears at revealing true thoughts, Rob_Price, 22nd Sep 2005, #3
           RE: Mental Health Client's fears at revealing true thoughts, splott-paul, 22nd Sep 2005, #4
                RE: Mental Health Client's fears at revealing true thoughts, Rob_Price, 10th Oct 2005, #5

splott-paul
                              

Welfare Rights Officer, Welfare Rights Unit - Cardiff County Council
Member since
05th Feb 2004

RE: Mental Health Client's fears at revealing true thoughts
Thu 22-Sep-05 10:09 AM

Enormously tricky comrade! because there is this fine balance between the client/worker relationship and confidentiality, and the desire to best represent the case. All I can offer is my experience of one not too disimilar in the recent past.
My client has a severe m/h illness which had seen him spend a lot of time both in hospital, under section, and in Her Majesty's Prisons. He had a history of violence - directly related to his illness and his frustrations in expressing same.
Physically as fit as the proverbial flea, and very reluctant to ever admit (outside the hospital environs) to any problems of a m/h type - perceived stigma, fear of being sectioned, etc. - not too different from the case you cite - his application for DLA was, initially, totally rejected. EMP could see no problem from the nano second he spent with him, so we went to tribunal.
On consultation with a Senior Forensic Social Worker, clients CPN and Psychiatrist - the first two of whom BOTH attended tribunal, and the latter provided a five page report (very impressive!), I submitted a letter to Chair of Tribunal explaining that said evidence could prejudice relationship with support network if client was made aware of contents. I hand delivered it the morning of Tribunal (thereby preventing them from copying it to client) together with the crucial evidence. I stated that if the Tribunal felt unable to agree to my request, I would have to withdraw the specific evidence. I should add that I had - prior to listing of case - made them aware of some of the problems, so they were "pre-warned".
The Chair agreed to allow the evidence and I was called in alone first, together with presenting officer, to discuss. Client remained in waiting area with SW & CPN, advised that it was a technical querry.
On sight of the evidence, the Tribunal were convinced of the validity of the case, even if the Presenting Officer was a tad sniffy.
They called in client, asked some mundane questions so that he believed he had given information, adjourned for a few minutes to deliberate, then called us back in - HRCC/LRMC for indefinite period.
Now, some will undoubtedly have problems with the element of "deception" {too strong a word, but it'll get some going!}, but the alternative is that someone with clear care and mobility needs went without his DLA, and the other relevant help due to him.
I sleep soundly at nights, and see the client in town frequently, coping very well with his support package and his increased resources. Best of all, he's not been to Prison since.
Splott-Paul

  

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Margie
                              

Senior Welfare Rights Officer, prescot & whiston community advice centre
Member since
13th Apr 2004

RE: Mental Health Client's fears at revealing true thoughts
Thu 22-Sep-05 02:30 PM

If your cl has been stable due to the network of support around him, try CDLA/3986/2003.
Explain fully to your cl that the Tribunal cannot make any directions or referrals to an agency that might result in a Section, if they really trust you then it might work. Put in your submission references to the cl's morbid fear of hospitalisation and focus on the care provided in the community, the rapid deterioration of the condition and any lack of insight when condition is deteriorating. Use anything you have from the previous claim.

Lastly I hope your Tribunal is an understanding one which is aware of mental ill health and how cl's mask their feelings and symptoms.
Good luck

  

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Rob_Price
                              

Principal Welfare & Income Officer, Shropshire County Council
Member since
02nd Dec 2004

RE: Mental Health Client's fears at revealing true thoughts
Thu 22-Sep-05 04:05 PM

Thank you both for your input. I'll try and let you know how I get on.

  

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splott-paul
                              

Welfare Rights Officer, Welfare Rights Unit - Cardiff County Council
Member since
05th Feb 2004

RE: Mental Health Client's fears at revealing true thoughts
Thu 22-Sep-05 04:11 PM

May the force be with you.

Darth-Splott

  

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Rob_Price
                              

Principal Welfare & Income Officer, Shropshire County Council
Member since
02nd Dec 2004

RE: Mental Health Client's fears at revealing true thoughts
Mon 10-Oct-05 11:26 AM

The force was with me. Client has had DLA restored upon appeal, and has chosen to engage with health care professionals and mom about their thoughts. Thanks Margie and Darth, your work here is done.

  

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