Mental Health

Question 1

Why is involuntary treatment required for patients with mental illness?

Answer 1

Lack of insight - the person might be severely unwell, lost touch with reality (psychotic)

Risk to self or others

Question 2

What legislation covers mental health in Scotland?

Answer 2

Mental Health (Care & Treatment) (Scotland) Act 2003 (MHA)

and also the Adults with Incapacity Act 2000

Question 3

How does the MHA define mental disorder?

Answer 3

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

Question 4

The MHA gives doctors the right do what?

Answer 4

To detain someone (bring them into hospital)

To assess (their mental 
state)

To treat them

Question 5

Who can be detained?

Answer 5

Anyone over the age of 18

If under 18 they can still be detained but there needs to be a child/adolescent specialist involved to coordinate their care

Question 6

What authorises detention for up to 72 hours?

Answer 6

Emergency detention certificate EDC

Question 7

What authorises detention for up to 28 days?

Answer 7

Short-term detention certificate STDC

Question 8

What authorises detention for up to six months?

Answer 8

Compulsory Treatment Order CTO

Question 9

What authorises detention for up to two hours?

Answer 9

Nurses holding power

Question 10

Does the patient have a right to appeal if they are being detained short-term for up to 28 days?

Answer 10

Yes

Question 11

Does the patient have a right to appeal in an emergency detention?

Answer 11

No

Question 12

Criteria for a short-term detention certificate

Answer 12

The patient has a MENTAL DISORDER

SIDMA - The patient’s ability to make decisions about the provision of medical treatment is significantly impaired as a result of that mental disorder

It is necessary to detain the patient in hospital for the purpose of determining what treatment should be given to the patient or giving that treatment - TREATMENT AVAILABLE

There would be a significant RISK to the health, safety or welfare of the patient or to the safety of any other person if the patient were not detained in hospital

The granting of a certificate is NECESSARY

Question 13

What is SIDMA?

Answer 13

‘Significant impairment of decision making ability about medical treatment for mental disorder’

This may be due to:-
- lack of insight, cognitive impairment, presence of psychosis, severe depressive symptoms or learning disability

Question 14

What powers do the police have in regarding people they deem mentally ill?

Answer 14

They can remove them from a public place. If they appear to be in immediate need of care or treatment they should bring them to a place of safety

Detain for up to 24 hours

Purpose to allow assessment and make arrangements for their care and treatment.

Question 15

Does a mental health nurse having holding powers?

Answer 15

Yes, they can hold a person until they are assessed by a doctor

Question 16

Which Act should I refer to and when?

Answer 16

MHA - psychiatric - mental disorders

AWIA - welfare, financial and property, physical illness

Question 17

Adult Support and Protection Act 2007

Answer 17

Law, policies & procedures that dictate and influence responses in situations where it is suspected, or known, that certain adults are experiencing harm or abuse.

Deals with harm inflicted by others, self-harm & neglect

Question 18

How does the law define an ‘adult at risk’?

Answer 18

An adult whom is unable to safeguard their own well-being, property, rights or other interests

One who is at risk of harm (either self harm or harm by others). This can be psychological or physical.

Adults who are affected by a disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.