Mental Health Act

Question 1

Informal

Answer 1

A patient will consent to staying in hospital informally as this is the least restrictive option. If a patient decides to leave but the clinician believes they are a risk to themselves or others, then a section can be initiated for assessment

Question 2

Section 5(4)

Answer 2

• nurses holding power, up to six hours
• not renewable and no appeal rights

Question 3

Section 5(2)

Answer 3

• doctors holding power, up to 72 hours
• not renewable and no appeal rights

Question 4

Section 2

Answer 4

• up to 28 days for a period of assessment
• appeal to managers or tribunal within the first 14 days of detention
• treatment can be given against the patients will however this does not include ECT

Question 5

Section 37

Answer 5

• similar to section 3 but applied by the courts when they believe hospital as opposed to prison

Question 6

Section 41

Answer 6

• can be attached to section 37
• means the ministry of justice has responsibility over security of the patient e.g discharge/leave and the RC has responsibility over treatment

Question 7

Section 117 - after care

Answer 7

• section 117 aftercare provides a duty on the local authority to provide after care under certain statutory conditions attached to certain quality detention orders

Question 8

Section 3

Answer 8

• up to 6 months (+6 months, +annually) for treatment but it is good practice to take a patient off of the section 3, before it lapses
• appeal to managers or tribunal once within the first 6 months. Then appeal again within following 6 months.
• treatment can be given against patients will forced within the first 3 months
• after 3 months, consent and approval of a second opinion approved doctor (SOAD) must be obtained to allow treatment to continue against the patients will (does not include ECT)
• section 17 form must be completed to allow the patient to have leave off the ward

Question 9

Section 135(1)

Answer 9

• issues a warrant of entry to remove a person from their home to a place of safety

Question 10

Section 135(2)

Answer 10

• issues a warrant of entry to remove a person already subject to the MHA but who is AWOL (under section 18)

Question 11

Section 136

Answer 11

• enables police to remove mentally disordered person from a public place (not their home) to a place of safety (136 suits/PSAU). Patients can be kept in the place of safety for up to 72 hours whilst waiting for a MHA assessment

Question 12

Section 17

Answer 12

• leave of absence
• RC authority, must be completed prior to leave
• recorded on Rio
• included specifics and conditions of leave e.g. location, escorted/unescorted, times and frequency
• students must check with a qualified nurse prior to letting any patient off the ward

Question 13

Section 17A - community treatment orders (CTO)

Answer 13

• a patient can be treated in the community as long as they adhere to the conditions of the CTO
• a patient can only be placed on a CTO if they have been detained under section 3 of the MHA
• the CTO can be revoked, and the patient returned to hospital if conditions of the CTO are broken e.g. refusing to take depot injection

Question 14

Section 132 - duty to provide information

Answer 14

• providing information to patients, relatives and carers is not only essential in ensuring understanding but also a statutory requirement under section 132.
• information must be provided in the most appropriate manner to enable understanding
• the department of health had produced a leaflet to enable information to be provided, ask your mentor where this is located on your ward
• section 132 is recorded in Rio

Question 15

Section 4

Answer 15

• emergency application for admission

Question 16

Section 18

Answer 16

• absence without leave (AWOL)

Question 17

Section 58

Answer 17

• consent to treatment