Law and Ethics

Question 1

5 criteria for detention

Answer 1

1. likely mental disorder
2. significantly impaired decision making ability (not the same as incapacity)
3. determine treatment required
4. significant risk (to pt or others)
5. informal/voluntary care not appropriate

Question 2

type of detention available

Answer 2

emergency detention
short term detention
compulsory treatment order

Question 3

what is meant by a mental disorder

Answer 3

to have either: mental illness, learning disability or personality disorder

Question 4

describe an emergency detention order

Answer 4

72hr assessment, does NOT authorise treatment, can be issues by FY2 and above, no diagnosis needed, no right or appeal, MHO should also agree

Question 5

describe key points of short term detention order

Answer 5

up to 28 days for assessment AND treatment, can be issued by more senior doctor PLUS MHO, no diagnosis needed, right of appeal, can be extended by 3 days if needed to put together application for CTO

Question 6

describe key points of compulsory treatment order

Answer 6

initially up to 6mths
issue by senior doc PLUS MHO
must have diagnosis
must have 2 reports from independent doctors, a carer plan and a MHO report
MHO makes applications to tribunal
Mandatory tribunal
Treatment autorised
Renewal at 6mths then yearly

Question 7

when can treatment be given under the detention acts

Answer 7

in all but emergency detention (72hr one) UNLESS urgent treatment needed: eg: to save life, prevent serious deterioration, alleviated serious sufferening, prevent pt being danger to self or others - MUST complete T4 certificate to notify treatment given. Some exceptions to type of treatment which can be given

Question 8

safeguards in place

Answer 8

advance statements (statement written by pt when well of how they would prefer/not prefer to be treated if become ill in future - witnessed and dated - can be overruled)
named person (chosen for you if <16yrs)
advocacy (independent)