Mental Health Act Flashcards
What is the mental health act?
Legal framework for keeping patients in hospital against their wishes for assessment and treatment of a mental health disorder
What is it called when a patient with capacity agrees to be admitted to hospital voluntarily?
Voluntary or informal admission
Informal admission does not involve detention under the Mental Health Act Section 131
Who is involved in using the mental health act?
Approved mental health professional (AMHP)
Social worker or mental health nurse that helps organise and contribute to Mental Health Act assessments
Section 12 doctor
Qualified and approved doctor who can undertake Mental Health Act assessments
Responsible clinicians
Nearest relative
Independent Mental Health Advocate (IMHA)
Independent person allocated to a patient being detained under the Mental Health Act
Role is to support the person, help them understand the situation and express themselves
What is a mental health act assessment?
Detailed evaluation to determine whether to detain someone
Who is the primary person to make an application for a mental health act assessment?
Approved mental health professional (AMHP)
or
Nearest relative
What criteria must be met to use the MHA?
- The presence of a mental disorder as defined by law
- Disorder is of a certain nature or degree
- Significant risk to the persons health,
safety, or safety of others - No alternative to hospital admission as
a means of safeguarding that risk – so
cannot manage in a less restrictive
setting
What is the definition of a mental disorder?
Any disorder or disability of the mind
What are the principles of the mental capacity act?
- Presumption of capacity at all times
- A right to support individuals in making their own decisions
- A right to make unwise decisions
What is capacity?
Ability to make a decision
If decisions are made on behalf of patients without capacity what should be done?
- Least restrictive of their freedom of action
- In the bests interests
If someone is intoxicated or under the effects of drugs do they have capacity?
If at the time they are unable to make a decision in relation to impairment
They lack capacity
What are the 4 parts of the capacity test?
1) Understand the information
2) Retain the information
3) Use or weight it up
4) Communicate the decision
What are advance decisions?
(anticipatory refusals)
- Only relate to medical treatments
- Must be over 18 and have capacity
- Cannot require a doctor to give treatment
- Only for refusal of medical treatment in a specific type
What is a deprivation of liberty safeguards or DOLS for?
- Patients in hospital or care homes who lack capacity
- MDT assessment
What replaced DOLS?
Liberty Protection Safeguards (LPS)
What is Section 2?
Compulsory admission for assessment following a Mental Health Act assessment with a maximum period of 28 days
2 doctors, 1 should be section 12(2) approved
1 AMHP
Can appeal section 2 within first 14 days, heard within 7 days by tribunal
Cannot be renewed
Ends in discharge or further detention under Section 3
What is Section 3?
Compulsory admission for treatment
2 doctors, 1 should be section 12(2) approved
1 AMHP
Can have 1 appeal to both hospital managers panel and tribunal
Max period of 6 months
Clinician then can arrange to renew it for further treatment
Detention under section 3 needs a mental health act assessment
Patients can be detained straight under section 3 from community, but normally follows section 2
What is Section 4?
Detain patients for up to 72 hours in urgent scenarios where other procedures cannot be arranged in time
Requires an AMHP and one doctor
Followed by a mental health act assessment
What is Section 5(2)?
Used in an emergency to detain patients who are in hospital voluntarily
Lasts up to 72 hours
Requires only one doctor
Followed by a mental health act assessment
Cannot be done in the ED
Not appealable
What is Section 5(4)?
Used in an emergency to detain patients who are in hospital voluntarily
Lasts up to 6 hours
Requires only one nurse
Followed by a mental health act assessment
Cannot be done in the ED
What is Section 17?
Allows patients who are detained to be granted leave from the hospital
The Responsible Clinician (RC) is responsible for approval
What is Section 117?
Anyone who has been on section 3 is entitled to S117 aftercare from local authority
What is Section 135?
Law enforcement can enter premises where there is reasonable belief that an individual is suffering from a mental disorder and take the individual to a place of safety
What is Section 136?
Used by police to remove someone that appears to have a mental health disorder from a public place and take them to a place of safety to be assessed
Lasts up to 24 hours
Followed by a mental health act assessment
What is community treatment order?
Patient on S3, well enough to leave hospital but may default from treatment
Treatment necessary for patient’s health, safety or protection of others
Patient can be recalled to hospital
What are forensic sections?
Patients who are prisoners or committed significant crimes, not detained under S2 or S3
