Acts and Laws

Question 1

What are the 5 main principles of the Mental Capacity Act 2005?

Answer 1

1. Always presume capacity unless proven otherwise
2. Capacity is decision dependent - support for each decision should always be provided
3. People are permitted to make unwise decisions
4. Decisions should be in the patient’s best interests and be the least restrictive option
5. To be deemed as having capacity, an individual must be able to: a) understand, b) retain, c) weigh up, and d) communicate information

Question 2

Under which circumstances is The Mental Health Act used?

Answer 2

When a patient refuses admission into an inpatient psychiatric ward

Question 3

Section 2:

A) Who can perform one?
B) What is the maximum time limit?
C) What is the purpose of this section?

Answer 3

A) Requires a section 12 doctor
B) 28 days
C) Admission for assessment of mental health and may include treatment even against the patient’s wishes

Question 4

Section 3:

A) Who can perform one?
B) What is the maximum time limit?
C) What is the purpose of this section?

Answer 4

A) Requires a section 12 doctor
B) 6 months in first instance, then can be renewed for another 6 months at maximum, then renewals at 12 month periods at the maximum
C) To treat for mental health condition

Question 5

Section 5(2):

A) Who can perform one?
B) What is the maximum time limit?
C) What is the purpose of this section?

Answer 5

A) Doctors
B) 72 hours
C) Holding power over those who are voluntary mental health patients OR those already in hospital for physical health condition.

Question 6

Section 4:

A) Who can perform one?
B) What is the maximum time limit?
C) What is the purpose of this section?

Answer 6

A) One doctor and one approved mental health practitioner
B) 72 hours
C) To assess mental health in an emergency, where waiting for another doctor to assess the patient would cause undesirable delays.

Question 7

Section 5(4):

A) Who can perform one?
B) What is the maximum time limit?
C) What is the purpose of this section?

Answer 7

A) Nurses with specific training in mental health
B) 6 hours
C) As a holding power over voluntary mental health inpatient - for use until a doctor can assess the patient

Question 8

Section 135:

A) Who can perform one?
B) What is the purpose of this section?

Answer 8

A) Police
B) Police power to enter home and remove patient from there

Question 9

Section 136:

A) Who can perform one?
B) What is the purpose of this section?

Answer 9

A) Police
B) Police power to detain a person in public when the person appears to have mental health disorder which is a risk to self and/or to others.