Human Rights in drug treatment

[Lelee]

This is an excerpt from the Human Rights Act guide.

'What is inhuman treatment or punishment?
3.24 Inhuman treatment or punishment is less severe than torture. Circumstances in which inhuman treatment or punishment can arise include:
•
serious physical assaults
•
the use of psychological interrogation techniques
•
inhuman detention conditions or restraints
•
failing to provide or withdrawing proper medical help to a person with a serious illness•

a threat of torture, if it is real and immediate.'

Also

2.4
'Since the Human Rights Act came into force, people have been able to argue that a decision violated their rights by being, for example, a disproportionate interference with the right to respect for private or family life. So the language of human rights is becoming more and more a common way of judging whether a public authority has acted unlawfully.'

It depends on how far someone is prepared to go to challenge their drug treatment. I've also attached a copy of the Human Rights Act guide. I see people being forced to reduce their medication against their will as inhuman treatment and also uneccessary continuation of supervised consumption as a disproportionate interference to respect for private or family life.   

There's also the basic right to life.

What do you think?

Linda

[derek d j]

Hi, Leelee, hope all goes well for you and this marks the opening salvo in another of your tenacious campaigns..

I'd love to see some determined user mount a challenge to their treatment under the HRA. Ethnic and sexual minorities have the protection of anti-discrimination legislation and it seems wrong the poor drug dependent is fair game for the vitriol of any clown in the pub.

I know how it feels to face the removal of a prescription I need to function and wouldn't wish the experience on anyone. By all means encourage reduction and abstinence but to take away medication against patient wishes is plain wrong. It just wouldn't happen in any area other than treatment and indicates just how prevalent the mythology and stigmatisation remain. Addicts have been second class citizens, obliged to conceal their dependencies at work and play, too long. It's time to take them out of the closet and into the mainstream. If over 300,000 citizens are excluded, the 'Big Society' is seriously diminished.

Very much a human rights issue. But where would you find the legal team and who'd pay for it?

[simon]

I've seen this used by solicitors when I worked in the prison service, they'd quote this if we stopped things such as Co-Proxamol or Co-codamol.

[Lelee]

Hi Derek

I agree. Progress should be encouraged in any shape or form, whether the goal be total abstinence or abstinence from drug of choice with the aid of medication for as long as the patient/client needs to enable them to function.

I've seen too many people rushed off scripts against their will with disasterous results and people just transferring substance of choice to alcohol under these conditions who consider themselves abstinent but are now dependent on a legal drug that wreaks even more havoc.
 
There's plenty of human right's lawyers/solicitors around. If you remember I was going to go down that route with the Cambridge cases but we were outside the judicial review time limit of three months from the date of the decision to stop all injectables. That could have been done under the HRA. there's legal aid for those that qualify, it's a matter of googling and ringing around to find a solicitor that's sympathetic to the cause and they are out there.

Linda

  

[sapphire]

It boils down to the ugly fact that if one were to complain, and bring the local NHS trust etc into it, would the DSP label you as a 'troublemaker' and as such give you even worse treatment?

I want to complain, but am wary of making things worse?

[simon]

It boils down to the ugly fact that if one were to complain, and bring the local NHS trust etc into it, would the DSP label you as a 'troublemaker' and as such give you even worse treatment?

I want to complain, but am wary of making things worse?

Isn't it sad that people daren't complain? Any other patient tends to be quite vocal about their rights and aren't treated worse because of it. I never fear complaints as we don't get any... odd that. Sticking by NICE and DOH guidelines gets no complaints, so why are other services treating people like they can't complain?
They are being paid out of the public purse to provide a service and aren't doing so? if it was a butchers or supermarket you'd go elsewhere and you'd have choice. If you only had one supermarket and had to use that and no others were available it'd break competition laws??

[derek d j]

We worried about that, Sapph.

But it's a rule of law thing. If we do something wrong, we expect to be called to account. Dsps have the same rights and responsibilities.

It's quite possible the people against whom you make a stand won't like you much for it. Do they like you now? Hopefully, they'll respect you for sticking up for what you believe - know? - is right and learn from the experience. In time, who knows, they may even correct their mistakes and become part of a new Treatment Enlightenment.

[OP8S]

It seems to say failure in withdrawing proper medical health, different DSPs areas of the country can't agree on what is proper medical help. I feel that If I were to stand a chance kicking an opiate habit that it would be an opiate habit I kick, I have nothing against methadone it's a reasonable substitute for me but it does leave me somewhat hanging on, still seeking that opiate spike, the few hours of clarity ( for me ) that it gives. I truly think if we had more substitute meds people would maybe start of being scriptred for diamorph, the majority would have their fill then within months, years would reduce maybe onto meth, then dffs, subs. Once your top of the ladder it's a long way down to be taken slowly.. More choice is what should be available, the Swiss have a higher reduction rate I'm sure you know & probably the Germans also. The UK is really dragging it's feet on drug policy.
What will it take for them to see logic? 500,000 depemdants !
Again, my deepest sympathies to you & the rest of the family.

[froude]

I had to spend a night at the Police Station a few months ago and they refused me my daily consumption of Methadone and my benzo's ,I then said about my human rights ,if it was a person with a dodgy heart they admitted they would give them their Meds as for mine i got a "Piss Off",got out went to my solicitor and they had broken the law.So much for Human Rights,it ends when you hit Custody,and D.S.P's.

LeLee,I had some gripes about my medication,well it was my scripts turning up late and dosages wrong on my perscription.Got so far with my D.S.P,but didnt want to go any further as they had the power over me by taking my Meds away if I put up to much of a arguement.I think some of us on here feel the same way ,as they do have you over a barrel.Hope your ok and my thoughts are with you and your family,thinking of you ,All the best Froude& Family

[Lelee]

Hi Froude

Have copied an excerpt for your situation in the police station below.

They did it to my son too a few years ago and I found out they had a policy of no methadone in police cells. I did challenge this but the situation wasn't so cut and dried. They said at the time that the reason methadone was not allowed in police cells was because of previous deaths caused by methadone overdoses.  People had either said they were on methadone when they weren't or had already had their dose and said they hadn't so double dosed.

The thing is if someone is arrested in the evening there's no way the police can check out validity of prescrptions. This could be challenged though and is no reason to withold your benzos.  If someone was arrested during the day all the police would have to do is call the CDT and/or GP/pharmacy but would they bother?   The bottom line is 'failing to provide or withdrawing proper medical help to a person with a serious illness.'

I'm not legally trained and am not totally up to date with this now but 'Release' would be the ones to know.

I'm ok thanks, hope you are too.

Linda

3.28
Although the threshold for showing an Article 3 violation is high, the following areas may lead to potential breaches:
•
conditions in police cells, prisons, mental hospitals and other forms of detention centre33
•
corporal punishment and child abuse
•
deportation or extradition to countries where there is a real risk of torture, inhuman or degrading treatment
•
the living conditions of asylum seekers while they wait for their applications to be determined.34
Article 3 has been used under the Human Rights Act in relation to areas as diverse as sentencing and hospitals.35
15

[Lelee]

Saph and all who are worried about complaining. I can understand and empathise with this. Being a lone voice is hard and noone wants to be labelled as a trouble maker but there's always strength in numbers and there's always advocacy.

If someone is just speaking up for their right to necessary clinically justified treatment that is not complaining. If the CDT is not providing appropriate treatment in line with guidelines there are processes to go through without escalating the situation needlessly. It's not about making trouble, it's about exercising your basic human rights.

Services are accountable and there are monitoring bodies.

Linda

 

[froude]

failing to provide or withdrawing proper medical help to a person with a serious illness.' Exactly,This was my arguement at the Poilce station,you could go to their address (if they were not on daily)and actually see the bottles of medication in box in the cubboard,they were just not having it.As for the Police and their "people going to overdose/or people could overdose"I believe its a smoke screen pure and simple as that,a doctor who works for the Police is still under his oath as a doctor ,but on many occasions they have not given my treatment,my benzo's during a early morning raid that failed to find a single thing,they were refusing my meds as i was getting anxious,in the end i headbutted the bedroom  door going mental and they still refused, after the search i was given them.I can remember when they used to come and get you for your interview 6-8 hours after the offence ,by then  you was clucking ,there was people who would sell their granny to get out the way they were feeling ,it was like torture being given a 30mil DF and you had a massive habit,2 of you getting through about a quarter of crack and smack a day,they knew what they were doing,praying on vunerable people and making them more vunerable ,all the best Froude

[Lelee]

Yes that is inhuman and degrading treatment. I also saw it happen to my son. he was kept an afternoon and overnight in a police cell until he appeared in court the next day.. By then he was desperate. As soon as he was released he threw up violently in a skip and rushed to the nearest loo in a doctors surgery to empty his raging bowels. How he held himself together in court I do not know. It was so awful for him. 
The next time he was arrested i asked for the police surgeon and told the cell officers that he'd just been treated for a clot on his lung, experienced severe withdrawal symptoms and surely they didn't want a death in custody.  I believe they let him out in time to pick up his script, can't remember properly though so much was going on at the time.
Linda

[simon]

http://release.org.uk/contact
I have been in touch with 'release' today and it may be of interest to others to look at the website.

[froude]

Pharmaceutical care of detainees in police custody
The Department of Health issued Guidelines for the Clinical Management on Substance Misuse in
respect of detainees in police custody in 1994, and “Drug Misuse and Dependence: Guidelines on
clinical management” in 1999. In 2000, the guidelines relating to police custody were revised due to
legislative changes and other developments in the management of substance misuse detainees in
police custody. In August 2004, a working party was formed of relevant organisations to revise these
guidelines, resulting in The Guidelines for Clinical Management (Third edition), Report of a Medical
Working Group being published in May 2006, known as the Blue Guidelines (‘the 2006
guidelines’).These supplement and amplify, but do not replace the 1994 guidelines. The Code of
Practice for the detention, treatment and questioning of persons by police officers (Code C), issued
under the Police and Criminal Evidence Act 1984, gives guidance on the administration of
medication (Home Office, 2006) in England and Wales. In Scotland it is the Criminal Procedure
(Scotland) Act 1995. The Act is self explanatory and there are no standard operating procedures
that accompany it.
The PACE Codes of Practice details the care and treatment of detained persons, including clinical
treatment and attention.
The Home Office Memorandum 2003 on the Provision of Medical Services at police stations states
that the quality of medical services at police stations is linked to the service provided by Forensic
Physicians (also known as police surgeons, forensic medical examiners and forensic medical
officers). There is a move towards a greater role for registered healthcare professionals (HCP)
within custody suites, but where they work in partnership with Forensic Physicians, it is clearly
defined that it is the responsibility of the Forensic Physician to intervene where their broader skills
are required. As well as improving standards of delivery of clinical treatment for detainees, the
introduction of nurses and other HCP to police custody suites is key to reducing the number of
deaths in police custody. The 2006 Guidelines for Clinical Management provides guidance on the
circumstances as to when a Forensic Physician should administer drugs to a detainee.
Treatment
Oral treatment should be given if opiate substitution treatment is required in the custodial setting.
There is no recognised indication for prescribing amphetamines, cocaine or injectable
benzodiazepines for the treatment of dependence in police custody. Temazepam is not used
routinely for night sedation as under the PACE Code of Practice – Code C, the doctor would need to
supervise the dose, therefore other benzodiazepines or non- benzodiazepines should be
considered. Many forensic physicians use dihydrocodeine as a substitute treatment although it
should be noted that the drug is not licensed for treatment of drug dependence.
Prescribing
Individuals in police stations are entitled to the same standard of medical care as any other member
of the public. The decision to prescribe opiate substitute treatment and supervise self administration
is the responsibility of the doctor, even when the drug is picked up from the usual clinic or
pharmacist.

Cheers for the link Simon ,bit of looking about and i found this.

LeLee,It seems this is ultimately down to the Doctor in the Police Station at the time,hope this helps,All the best Froude