Lesson 4.1 - Mental Health

Question 1

What 10 Principles Underpin What the Mental Health Act is Trying to Achieve?

Answer 1

• Non-Discrimination
• Equality
• Respect for Diversity
• Reciprocity
• Informal Care
• Participation
• Respect for Carers
• Least Restrictive Alternative
• Benefit
• Child Welfare

Question 2

Section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Defines ‘Mental Disorder’ as;

Answer 2

Any mental illness; personality disorder; or learning disability, however caused or manifested

Question 3

What does Section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 state is not a mental disorder?

Answer 3

• Sexual orientation
• Sexual Deviancy
• Trans-sexualism
• Transvestism
• Dependence on, or use of, alcohol or drugs
• Behaviours that causes, or is likely to cause, harassment or alarm
• Distress to any other person, or
• By acting as no prudent person would act

Question 4

Under Mental Health, Define Public Place

Answer 4

A place to which the public, or any section of the public, has, or is permitted to have, access (whether on payment or otherwise); and includes the common parts of a building containing two or more separate dwellings

Question 5

Define Place of Safety

Answer 5

A hospital, premises which are used to provide a care home service or any other suitable place (other than a police station) where the occupier is willing temporarily receive a person with mental disorder

Question 6

How long can a person be detained at a place of saftey?

Answer 6

24 hours

Question 7

Who are the 3 people within a Mental Health Tribunal?

Answer 7

• One legal expert (Sheriff in some instances)
• One medical expert
• One general member with experience of Mental Health Services

Question 8

If a Named Person is not chosen, who will then be the Named Person?

Answer 8

• Primary carer

- If there is no primary carer, the nearest Relative will be the Named Person

Question 9

What may a Compulsory Treatment Order Stipulate?

Answer 9

That the person:

• Is detained in a hospital; or
• Is kept in the charge of an authorised person; or
• Reside at a specified place; or
• Obtain the approval of a Mental Health Officer prior to changing address

Question 10

Who can take that person into custody if they fail to comply with the terms of and Order?

Answer 10

• Mental Health Officer
• Constable
• A member of staff from the hospital or establishment

Question 11

If the person is traced within a private dwelling and entry is refused, what can a constable do?

Answer 11

Force entry only if a warrant has been obtained and the constable is in possession of the warrant unless there is immediate risk which allows forced entry options using common law powers

Question 12

Explain a Section 292 Warrant

Answer 12

Provides that an authorised person (MHO or other health professional) may obtain a warrant for the purposes of entering premises and to taking/retaking a patient

Question 13

Explain Section 293/294 Removal Orders

Answer 13

Provides that an MHO or other health professional may apply for warrant to order a patient’s removal to a place of safety and continued detention for a period of up to 7 days

Question 14

What time does a Sheriff/Justice of the Peace authorise for the warrant to be executed?

Answer 14

72 hours

Question 15

Explain Section 35 Warrant

Answer 15

Where concerns are being voiced by family/friends for someone who does not have any mental health disorders and that the person is behaving in a manner causing concerns then this warrant may be issued