Legal Stuff Flashcards
What is a Section 2?
The section of the MHA that gives legal power to admit a person to a mental health unit for a period of assessment and treatment.
Lasts up to 28 days and cannot be renewed
What is a Section 3?
The section of the MHA that gives legal power to admit a patient to a mental health unit for a period of treatment for a specific diagnosis.
Lasts up to 6 months and can be renewed multiple times (6 months, 12 months).
Who has the power to place someone under a Section 2 or 3?
The Section is made by an AMHP (approved mental health professional) and two doctors. 1 must be Section 12 approved, and 1 should know the patient.
A patient has a MHA assessment done that finds them to need admission, but they then voluntary agree to be admitted. 5 days later on the ward, they decide to leave. What can be done now?
The Section 2 can be submitted up to 14 days after the assessment.
Alternatively, you can use a Section 5(2).
Once a patient is sectioned, is there any way for them to leave the hospital?
- If the treating doctors agree to discharge
- Against the doctors opinion, if a Mental Health Review Tribunal revokes the section
- Section 17 leave (agreed by doctors)
What is a Section 5(2)?
Detention of a person who is already an inpatient, for a period of up to 72 hours.
Who has the power to place someone under a Section 5(2)?
The treating doctor or their nominee (eg. junior). Can be the FY2 but not the FY1.
What is a Section 136?
The section of the MHA that allows the police to remove a person from a public place and bring them to a health-based place of safety (eg. the 136 suite in a mental health unit), for a period of up to 24 hours.
What is a Section 135?
The section of the MHA that allows the police to remove a person from their home and bring them to a health-based place of safety, for a period of up to 24 hours. Must have permission from the courts
What is a community treatment order?
A legal document that permits a patient to be discharged from a section under specific circumstances that they must adhere to eg. following a treatment plan
What is DoLS?
Deprivation of Liberty and Safeguards
A legal permission that allows restraint/restriction to safeguard someone who lacks capacity, even if it deprives them their liberty. Used in care homes.
When can you place someone under a Section 2?
- They have a mental disorder
- They need admission for assessment and or treatment
- They are at a risk to themselves or others
T/F. Someone who is sectioned under the MHA can be made to take medication for a physical health problem
Kind of both.
- If the person refuses treatment for say, hypertension, the section does not permit forcible treatment.
- If the person refuses treatment such as a feeding tube when they have an eating disorder, and the feeding tube constitutes treatment FOR the eating disorder, then you can treat under the MHA
How do you determine if someone has capacity?
They have the ability to:
- Understand information
- Retain the information
- Weigh up the information and make a decision
- Express that decision
If a patient lacks capacity but is consenting to inpatient treatment, do they need a section?
No. They can be admitted under MCA DoLS
