Detention and Capacty Flashcards
MHA (Mental Health Act) 1983
legislation that authorizes compulsory assessment, treatment, and protection of the rights of individuals with mental disorders, ensuring their care and well-being while respecting their autonomy and dignity
MCA (Mental Capacity Act) 2005
legislation which empowers individuals to
make their own decision where possible and
protects the rights of those who lack capacity by
allowing someone else to act in their best interests
the lawful detention of persons for the prevention of the
spreading of infectious diseases, of persons of …
unsound mind,
alcoholics or drug addicts or vagrants
What is deprivation of liberty?
➢the objective element of a person’s confinement to
a certain limited place for a not negligible length of
time;
➢the additional subjective element - they have not
validly consented to the confinement in question;
and
➢the confinement must be imputable to the State.
What is an unsound mind?
1) Detention must be effected in accordance with a procedure prescribed by law
2) shown to be of unsound mind on basis of objective medical expertise
3) of a kind or degree warranting compulsory confinement
4) validity of continued confinement depends upon the persistence of the disorder
MHA v MCA
MHA primarily concerned with detention in hospital for
the purpose of assessment and treatment of mental
disorder
V
can authorise, in the patient’s best interests, all other forms of medical treatment (other than for mental disorder) where the patient lacks capacity to consent to the treatment – even where the patient
objects
Inability in decisional function (S3)
- understand information
- retain that information
- use or weigh that information
to generate a choice - communicate that choice
Gillick competence:
emotional
maturity and intelligence (16-17yrs)
Example tool to assess capacity
MacCAT-T
4 abilities
1.Understanding
2.Appreciation
3.Reasoning
4.Expressing a choice
What is metacognition?
‘Thinking about Thinking’
