Law Flashcards
What part of the mental health act is used to detain someone for up to 72 hours when in hospital
5 (2)
Who can detain someone under the section 5(2) of the mental health act
F2 and above
Must be approved by a consultant or nominated deputy
Which people are involved in a MHA assessment
Nearest relative
AMHP- normally social workers
2 doctors- normally one who is S12 approved and ideally one who knows the patient
What is role of the AMHP
Coordinates the process
Have final decision
What are outcomes of the mental health assessment
Either admited under section 2 or 3, voluntarily
Criteria for detention under MHA
Suffering from a mental disorder- cant be substance use
Of nature to warrant admission to hospital (cant be community)
Admission to protect others or self
What is done under section 2
Assessment with or without treatment for 28 days
What is done under section 3
Admitted for treatment up to 6 months
What is the use of section 5(2)
Used to temporarily detain patient trying to leave
Triggers a mental health assessment
What is section 136
Emergency powers given to police allowing for police to remove someone from community and detain for up to 24 hours
What is section 135
Emergency powers given to police allowing for police to remove someone from a private place for up to 24 hours
What is community treatment order
Order for supervised treatment in the community and rapid recall if conditions not met
Conditions include adherance to medication, turning up to all clinics/therapies, will have clozapine bloods
Must have been under a section 3
What is main principle of mental capacity
Has to be time and decision specific
Where does section 5(2) apply
For inpatients in hospital (not A&E)
What is used in acute mania
Olanzapine
Benzopdiazepams
What is needed for capacity
Understand information, retain it, balance it and communicate it back to someone
What is section 5(4)
When a mental health nurse has power to detain someone for 6 hours for consideration of doctor to use section 5(2)
If need to contain someone with a care home urgently what do
Restrict under DOLS authorisation for 7 days
Does how long section 3 detains someone for change
Yes- the first two occasions is 6 months
After that can be every 1 year
What section is used to transfer an unsentenced prisoner to hopsital
48
Under order from dept of justice
What section approval is needed to do MHA
Section 12
What happens under section 4
Can accept that sectioning under 2/3 is required however there is only 1 doctor and any delay finding another would delay urgent assessment treatment. Therefore can admit for 72 hours wiating for a second doctor to confirm sectio 2
Who is needed for a section 4
AMHP and 1 doctor does not matter if section 12 or not
If have a patient who needs to be sectioned and has massive history of admissions and known to psych team
Section 3 as it would not be for assessment
If patient needs admitting for mental health disorder but about to leave A&E, what do
Section 4
