Mental Health Act

Question 1

Millan principles of the MHA (2003)

Answer 1

• Non-discrimination
• Equality
• Respect for diversity
• Reciprocity
• Informal care
• Participation
• Respect for carers
• Least restrictive alternative
• Benefit
• Child welfare

Question 2

Inclusions of the MHA (2003)

Answer 2

• Mental illness
• Learning disability
• Personality disorder

Question 3

Exclusions of the MHA (2003)

Answer 3

• Sexual orientation
• Sexual deviancy
• Transsexualism
• Transvestism
• Dependence on, or use of, alcohol or drugs
• Behaviour that causes, or is likely to cause harassment, alarm or distress to any other person

Question 4

Emergency Detention (EDC)

Answer 4

• To keep/bring patient to hospital for assessment
• Any fully registered doctor
• Lasts up to 72 hours
• MHO consent if possible
• Without consent if essential
• Treatment not covered (common law)
• Review by senior psychiatrist ASAP
• Cannot be appealed

Question 5

Short Term Detention Certificate (STDC)

Answer 5

• To keep/bring patient in hospital for assessment and treatment
• Approved Medical Practitioner (AMP) only (Section 22)
• Lasts up to 28 days
• Mental Health Officer (MHO) consent essential
• Can be appealed
• Must be reviewed and revoked timeously

Question 6

Compulsory Treatment Order (CTO)

Answer 6

• To bring/keep patient in hospital for treatment, OR
• To continue treatment in the community
• Two medical recommendations (one must be AMP)
• Lasts up to six months, & renewable
• MHO is the applicant
• Can be appealed
• Must be reviewed and revoked timeously

Question 7

Detention and MHA Criteria

Answer 7

• Mental disorder
• Significant risk
• Treatment
• Significant Impact on Decision Making Ability (SIDMA) in relation to medical treatment
• Necessity

Question 8

Common Pitfalls

Answer 8

• Not filling out forms properly
• Informing hospital managers
• Detaining patients you’re not responsible for
• Using detention as a threat
• De facto detention
• Not informing/discussing with Senior Doctor