Mental Health Act

Question 1

Describe the Mental Health (Care and Treatment)(Scotland) Act 2003

Answer 1

Defines mental disorder as; any mental illness, personality disorder or learning disability however caused/manifested

Question 2

Who can be detained under MH CaT Act 2003?

Answer 2

> 18rs

<18

• can still be detained
• need child/adolescent specialist
• use specialist resources wherever possible

Question 3

Describe the emergency detention ceritificate

Answer 3

Authorises detention for up to 72 hours

Registered medical practitioner
Must consider it likely patient has a mental disorder and thus their decision making is impaired

Urgency to detain, significant health risk, arranging a STDC would involve undesirable delay

Question 4

Describe the short term detention certificate

Answer 4

Authorises detention for up to 28 days

Approved medical practitioner
Consider likely mental disorder, impaired decisions, necessary to detain to determine treatment, significant health risk

Question 5

Describe the compulsory treatment Order (CTO)

Answer 5

Authorises detention for up to 6 months

Application to mental health tribunal; considers evidence and makes decision

Must be satisfied that;

• patient has mental disorder
• medical treatment is available and likely to prevent deterioration/alleviate symptoms
• significant health risk without treatment
• impaired decision making

Question 6

What are the criteria for detention?

Answer 6

Mental disorder
Significant impairment decision making ability for medical treatment about mental disorder
Significant risk health, safety, welfare of person or other people
Treatment available
Order necessary

Question 7

What is a named person?

Answer 7

A right to be party to proceedings

Must be nominated by patient and witnessed and named person must have witnessed acceptance

Question 8

Describe the adults with incapacity (scotland) act 2000

Answer 8

“adult” meaning over 16

Incapable of
- acting, making decisions, communicating decisions, understanding decisions, retaining memory of decisions

Intervention must benefit adult, be least restrictive option, take account past and present wishes

Capacity is decision specific; might have for some and not others

Question 9

What is an intervention order?

Answer 9

One off power required

Application to court

Question 10

What is a guardianship order?

Answer 10

Someone else appointed to make decisions on behalf of adult (financial, welfare or both)

Question 11

Describe the Criminal Procedure (Scotland) Act 1995

Answer 11

Police powers

• removal from public place
• appears to be in immediate need of care or treatment to place of safety
• detain up to 24hours
• to allow assessment and make arrangements for care and treatment

Question 12

Describe the assessment order

Answer 12

Court must be satisfied that

• mental disorder
• detention in hospital necessary
• civil risk criterion met
• treatment
• suitable bed within 7 days
• assessment could not be undertaken if not in hospital