Mental health Flashcards
What is the Mental Health Act defined as? (Herring:233)
- Permits detention and treatment of people who are mentally ill, even if they are competent.
- Goes against one of the most hallowed principles of law: that treatment may not be given to a competent person without their consent.
True/False
Can treatment be given to a competent person without consent?
TRUE
Mental Health Act 2005
S1(1)
Applies to the reception, care and treatment of somebody who is determined to be a mentally disordered patient
Mental Health Act 1983
S1(2)
Defines ‘mentally disordered’
”.. Means any disorder or disability of the mind and “mentally disordered” shall be construed accordingly.”
Mental Health Act 1983
S1(4)
Tells us learning disability means a state of arrested or incomplete development of mind
In subsection (2A) above, “learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning
Mental Health Act 1983
S2(2)
Application for assessment to be made
An application for admission for assessment may be made in respect of a patient on the grounds that—
(a) he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and
(b) he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.
Why is the MHA 1983 used?
Used for a competent person who does not consent to treatment for a mental disorder
When can the Mental Capacity Act 2005 be used?
Where a mental patient is not competent.
What were the 2007 amendments to the MHA 1983?
AMENDMENTS:
- intended to bring law in line with human rights requirements
- Provided new definition of ‘Mental Disorder’
- Allows the making of ‘community treatment orders’
Community treatment order:
_____ ______ into the community where treatment can be provided _____ of the hospital setting
Conditional release into the community where treatment can be provided outside of the hospital setting
Can the patients be recalled back into hospital on a community treatment order?
YES.
What are 3 criticisms of a CTO?
- Patients often refuse medication due to side effects or other bona fida reasons
- More difficult to protect patients rights in the community
- Act can lead to increase in use of compulsory powers.. (larger section of mentally ill patients facing complusory powers)
What does the court of protection do?
- They have the decision as to whether someone has the mental capacity to make a particular decision for themselves.
- Deputies are appointed to make ongoing decisions for those who lack mental capacity
- Gives the people to make one-off decisions on behalf of someone else who lacks mental capcity
- handling urgent or emergency applications where decision must be made on behalf of someone else without delay
- decision of when someone can be deprived of their liberty under MCA
RE Z [2020] EWCOP 20
Facts:
- 35 week year old pregnant woman with 5th child
- Has a rare chromosonal abnormality which results in increase risk in pregnancy and childbirth
- Hospital thought Z did not have capacity to make decisions about contraception and to have IUD inserted during her C-section
- Z objected the IUD and proposed contraceptive injection BUT it was noted that she was not complying with her other medications.
RE Z [2020] EWCOP 20
Decision
- IUD to be inserted after test for capacity was used
- “Z did not have a sufficient understanding of her own health status to enable her to relate the generic risks and benefits of contraception to her individual circumstances.”
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