Quote:
Originally Posted by leighe
I have just had a look through the information (downloaded the PDF) and can't see anything about the implications of having been held under section 3.
Specifically what I am after is implications on international travel, employment and any other rights.
Hope this makes sense. Thanks
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Hiya Leighe.
Being sectioned under the Mental Health Act (2, 3, 135, 136, etc) can be written on the "Additional Relevant Information" section in enhanced Criminal Record Bureau (CRB) disclosures. For that matter, any mental health episode or involvement with the emergency services can show up if the police were ever involved or informed of a mental health incident you've had. I know this for a fact because not only have I read plenty of anecdotal evidence of people having things like sections and OD episodes show up in enhanced CRB checks, but the mental health charity MIND as well as CRB told me this as well since I emailed them both for this information after being on a s.136. That is not to say it certainly
will show up in a CRB check, but it certainly
can. Some people don't have their sections disclosed at all, so bear this in mind. I reckon if there was violence involved in your mental health episode or section it's more likely to appear. There's also the issue of Occupational Health checks which are mandatory for some jobs, such as those in healthcare, teaching, the fire service, police, etc.
As for travelling, there is a school of thought (including the opinions of mental health professionals) which believe if you've been detained on Section 3 MHA, that you're unable to travel to countries like the USA, China, etc. Personally I think this is a load of b*llocks since foreign authorities cannot access your medical file and cannot demand access to it without a lawful reason. I've known of an anorexic girl who was held on a s.3 travel to Florida without any trouble. I know they say lying is bad, but in the form for the Visa Waiver Program to the USA, I would simply say "No" to the part which asks about mental disorders, they have absolutely no way of finding out and if you're honest you risk them refusing a waiver, which means you would have to pay a fortune for a travel visa which could be refused. Of course, criminal sections (court-ordered sections) are a different thing all together, they are still classed as criminal convictions and are stored on the UK Police National Computer which can be accessed by the US authorities which is why people with criminal records often get denied entrance to the USA. But s.3 is a completely civil section which is confidential.
If someone thinks I'm wrong re: travelling, can you please please please explain to me how foreign authorities can get access to ones confidential medical record unless you consent? I've had this discussion with others who insist a s.3 will stop you travelling to certain countries, but they never seem able to explain how it does, they just send links of embassy websites etc. which make their decision based on information you voluntarily disclose to them.
I think you're also ineligible for Jury Service in the UK if you've ever had serious mental health problems, but the laws may have changed in recent years.