7. Psychiatric Legislation

Question 1

What are the arguments against using the mental health act?

Answer 1

Seen as ill-liberal
Poorly compatible with human rights norms
Unnecessary for most patients
Counterproductive for some patients
Practical problems administering treatment

Question 2

What powers does the mental health act grant?

Is it the same for children?

Answer 2

To detain
To assess
To treat

Children can be detained however there needs to be a specific child/ adolescent specialist available

Question 3

What are the classes of detention orders under the mental health act?

Answer 3

Emergency detention certificate- FY2 and above- lasts for 72 hours, not allowed to treat
Short term detention certificate- CT4 and MH, lasts 28 days
Compulsory treatment order- needs tribunal approval, care for up to 6 months
Nurses holding powers- valid for up to two hours

Question 4

What are the criteria for detention

Answer 4

Mental disorder
Significant impairment of decision making abilities for medical treatment about mental disorder
Significant risk to health, safety or welfare of the person or the safety of any other persons
Treatment available
Order necessary

Question 5

How do you define SIDMA (severe impairment of decision making abilities about medical treatment for a mental disorder)

Answer 5

Lack of insight
Cognitive impairment
Presence of psychosis
Severe depressive symptoms
Learning disability

Question 6

What powers do the police have in terms of mentally unwell patients

Answer 6

Removal from a public place
Take them to a place of safety
Detain for up to 24 hours

Question 7

What does the adult with incapacity act apply to

Answer 7

Adults who are incapable of acting,
making decisions
communicating decisions
understanding decision
retaining the memory of decisions

Question 8

When can the adult with incapacity act be used?

Answer 8

It must benefit the adult
It must be the least restrictive in relation to the freedom of the adult
Account must be taken of the previous past and present wishes of the adult
Where practicable account should be taken of the views of relatives and carer
the views of relevant others

Question 9

What areas does the adult with incapacity act apply to?

Answer 9

Property
Welfare
Financial

Question 10

When does the adult with incapacity act apply not apply?

Answer 10

The use of force in detention unless immediately necessary
Action would be inconsistent of any competent court
Placing an adult in hospital for the treatment of a mental disorder against his will