Legal Psychiatry

Question 1

Why do we have mental health law?

Answer 1

• Gives the power to provide compulsory care to those people with a mental disorder.
• Rights and safeguards to ensure power is used appropriately.
• Ensures NHS boards and local authr=orities have a duty to provide a range of services for those with mental illness.

Question 2

What are the principles of the 2003 Mental Health Act?

Answer 2

• Non-discrimination
• Equality
• Respect for diversity
• Reciprocity
• Informal care (better than formal)
• Participation
• Respect for carers
• Least restrictive alternative
• Benefit
• Child welfare

Question 3

What is a mental disorder? (outlined by the Mental Health Act?

Answer 3

• Any mental illness
• personality disorder
• Learning disability
• However, caused or manifested.

Question 4

What does Section 328 outline as “not only by”

(these are not disorders, but just because you have this doesn’t mean you can’t have a disorder either?)

Answer 4

• Sexual orientation
• Sexual deviancy
• Transsexualism
• Transvestism
• Dependence on, or use of, alcohol or drugs
• Behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person
• Acting as no prudent person would

Question 5

WHo can be detained under the mental health act?

Answer 5

• Anyone
• Over or under 18
  
  • But child/adolescent specialists may be required.

Question 6

slide 12

Answer 6

.

Question 7

What does the Emergency Detention Ceritificate Section 36 of the 2003 Act State?

Answer 7

• Registered Medical Practitioner must carry it out.
• Must consider it likely that
  
  • the patient has a mental disorder; and
  • because of that mental disorder, the patient’s decision making ability with regard to medical treatment for that mental disorder is significantly impaired
• Must also be satisfied that
  
  • it is necessary as a matter of urgency to detain the patient in hospital in order to determine what medical treatment should be provided to the patient for the suspected mental disorder
  • there would be a significant risk to the health, safety or welfare of the patient or to the safety of another person if the patient were not detained in hospital; and
  • making arrangements with a view to granting a short-term detention certificate would involve undesirable delay

Question 8

Outline the Short Term Detention certificate “rules”

Answer 8

Approved Medical Practitioner - likely a psychiatrist

• Must consider it likely that
  
  • the patient has a mental disorder;
  • because of the mental disorder, the patients ability to make decisions about the provision of medical treatment is significantly impaired;
  • it is necessary to detain the patient in hospital for the purpose of determining what medical treatment should be given to the patient or giving medical treatment to the patient;
  • if the patient were not detained in hospital there would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person; and
  • the granting of a short-term detention certificate is necessary

Question 9

Outline the Compulsory Treatment Order “rules”

Answer 9

• —Application to Mental Health Tribunal made by Mental Health Officer for the granting of a CTO
• —Tribunal considers evidence and makes decision
• —Mental Health Reports (GP and Approved Medical Practitioner or 2 Approved Medical Practitioners)
• —Must be satisfied that
  
  • —the patient has a mental disorder
  • —medical treatment is available and would be likely to prevent deterioration or alleviate symptoms
  • —without treatment there would be significant risk to health, safety or welfare of patient or safety of others
  • —mental disorder significantly impairs decision making ability
  • —making of compulsory treatment order is necessary

Question 10

What are the criteria for detention of a patient?

Answer 10

• Mental disorder
• Significant Impairment of Decision Making Ability for medical treatment about mental disorder
• Significant risk to health, safety or welfare of the person or the safety of any other person
• Treatment available
• Order necessary (Court Order/Treatment Order)

Question 11

SLide 17

Question 12

What is an Adult under the mental health act?

Answer 12