Deprivation of Liberty and Detention Flashcards
What is the Mental Health Act?
Legislation covering compulsory assessment, treatment and rights of people with mental disorders
What is DoLS?
Framework of safeguards under the MCA for people who need to be deprived of their liberty (e.g., detained) in their best interests for care and treatment to which they lack capacity to consent themselves.
▪️ To remedy lack of procedure prescribed by law for people lacking capacity but are not detainable under the MHA
What is the European Court of Human Rights (ECHR)?
Set of absolute, limited, and qualified rights
(E.g., the right to life)
What is article 5 of the ECHR?
The right to liberty and security or person
Except in cases in accordance with procedure prescribed by law:
▪️ For prevention of the spreading of infectious diseases
▪️ Of persons of unsound mind
▪️ Alcoholics, drugs addicts, or vagrants
What are the three elements of deprivation of liberty?
▪️ Objective element - to a certain limited place for a length of time
▪️ Subjective element - have not validly consented
▪️ Confinement must be imputable to the State
What is the DoLS “acid test”?
Two key features where someone is unable to give valid consent to confinement:
1. Not free to leave and
2. Continuous supervision and control
What does ECHR Article 8 relate to and what might and what might violate it?
Right to respect for his private and family life, his home and his correspondence
Violated by treatment without consent
(satisfied if therapeutic necessity shown, in best interests, and proportional)
What are the criteria for detention under the MHA?
▪️ Least restrictive principle
▪️ Mental disorder
▪️ Must be in hospital (not including A&E)
▪️ For health, safety and protection of others
▪️ Appropriate medical treatment must be available somewhere
▪️ Any age
What are the criteria for detention under the MCA (DoLS)?
▪️ Least restrictive principle
▪️ Mental disorder
▪️ Care home or hospital
▪️ Capacity assessment necessary
▪️ Best interests
▪️ Age 16+
What are the two sections necessary for compulsory admission in a hospital?
▪️ Section 2
▪️ Section 3
For how long can someone be detained under section 2?
28 days
For how long can someone be detained under section 3?
6 months
What is required for a section 2 or section 3 detention?
▪️ 2 doctors (one independent, one S.12 approved) (medical recommendation)
▪️ Tribunal
▪️ Application and arrangement by an approved mental health practitioner (AMHP) or nearest relative
What are the two sections that can be used for emergency admission/detention?
▪️ Section 5(4)
▪️ Section 5(2)
For how long can someone be detained under section 5(4)?
6 hours
For how long can someone be detained under section 5(2)?
72 hours
Who can implicate a section 5(4) compulsory admission?
One nurse
Who can implicate a section 5(2) compulsory admission?
One doctor, post registration in any specialty
What are the two sections for community compulsory admission?
▪️ Section 135
▪️ Section 136
Under which section can the police detain you from your home?
Section 135
Under which section can the police detain you from elsewhere (e.g., out in the community) to a place of safety such as a police station?
Section 136
Who CANNOT be an AMHP?
A doctor
What happens at the end of a 28 day detention under section 2?
Assessment and tribunal to determine next steps
Cannot enforce another section 2 but can enforce a section 3
For how long can the police detain you under section 136?
24 hours
Can be extended by 12 hours but not good practice
