Mental Health

Question 1

What Sections of the Mental Health Act 2003 come under a “Removal Order”?

Answer 1

• Section 293
• Section 294
• Section 298

Question 2

Section 293 Mental Health Act 2003?

Answer 2

A sheriff may issue a removal order for non-urgent circumstances.

Question 3

Section 294 Mental Health Act 2003?

Answer 3

A sheriff may issue a removal order for urgent circumstances, though a medical practitioner MUST be in attendance.
If a person is over 16 and has “mental disorder” and…
- is being subjected to ill treatment or
- is living alone and/or uncared for or
- whose property may be lost or damaged and that person is likely to suffer significant harm if not removed to a “place of safety”. The Mental Health Officer, any other person so specified, and any PC may enter any premises/open lockfast places so specified within 72 HOURS of order being granted. The relevant person may be removed and detained for up to 7 DAYS.

Question 4

Section 328 Mental Health Act 2003?

Answer 4

Any mental illness, personality disorder or learning disability, however caused or manifested can be defined as “Mental Disorder”.

Question 5

Section 297 Mental Health Act 2003?

Answer 5

Where a constable reasonably suspects a person who is in a public place has a “Mental Disorder” and that the person is in immediate need of care or treatment and the constable considers it would be in the interests of the person or necessary for the safety of any other person that they may remove the relevant person to a PLACE OF SAFETY.

A relevant person removed to a PLACE OF SAFETY may be detained for up to 24 HOURS.

Question 6

Compulsory Treatment Orders?

Answer 6

On occasions it is necessary that a person with a “Mental Disorder” become the subject of a Compulsory Treatment Order, which may stipulate that the person:
- Is detained in a hospital
- Is kept in the charge of an authorised person or
- Reside at a specified place
- Obtain the approval of a Mental Health Officer prior to changing address.