Mental Health Act Flashcards
What is the MHA (2007)?
Mental Health Act (2007): legal framework for informal and compulsory care/treatment of people with a mental disorder in England and Wales.
What is classed as a mental disorder under the MHA 2007 ?
Mental disorder: includes mental illness, personality disorder, learning disability (with “abnormally aggressive behaviour” or “seriously irresponsible conduct”), and disorders of sexual preference (e.g. paedophilia).
Who cannot be detained under the MHA ?
Exclusions: people under the influence of drugs and/or alcohol cannot be detained under the MHA.
Individuals involved in the application of the MHA include …
Section 12 doctor: approved to make specific medical recommendations.
Approved mental health professional (AMHP): mental health worker with additional training.
Responsible clinician: oversees patient care, responsible for renewing sections and discharging patients.
Nearest relative: first relative in the MHA list.
Explain a voluntary admission (Section 131)?
Voluntary admission (Section 131): informal admission, no formal restrictions, patient must have capacity, consent, and not resist admission.
Explain a section 2.
Section 2: compulsory detention for ASSESSING, mental disorder warrants detention for at least a limited period, necessary for health/safety or protection of others, maximum 28 days, requires AMHP/nearest relative and two doctors (one section 12 approved).
The patient must either be non- consenting or lack the capacity to consent
Explain a section 3.
Section 3: compulsory detention for TREATMENT, mental disorder warrants treatment in hospital, necessary for health/safety or protection of others, appropriate treatment available, maximum 6 months (renewable), requires AMHP/nearest relative and two doctors (one section 12 approved).
Explain a section 4.
Section 4: emergency admission for assessment, primarily used in outpatient services, requires AMHP/nearest relative and one doctor, maximum 72 hours.
Treatment can’t be enforced.
Explain a Section 5 (2).
This is a holding power.
Explain a section 5 (4).
Section 5(4): nurse can detain patient for up to 6 hours for assessment if immediate restraint needed and doctor not available.
Explain section 135.
Section 135: court order allows police to enter private property, remove person with mental disorder to place of safety, detained up to 24 hours (extendable by 12 hours).
Explain a section 136.
Section 136: police can detain person from public place to place of safety for up to 24 hours for assessment without a warrant.
Explain a section 17a.
Section 17a: patients under Section 3 can receive community treatment if well enough, the decision by the responsible clinician and AMHP, can be recalled to the hospital for non-compliance or missed appointments, and detained for up to 72 hours for assessment if recalled.
What must be done in regards to patients rights ?
What are police powers ?