Mental Health Act

Question 1

Mental Health

Answer 1

Any disorder or disability of the mind

Question 2

Section 136(1) Mental Health Act 1983

Answer 2

If a person appears to a constable to be suffering from a mental health disorder and to be in immediate need of care and control, in the interest of the person or public protection can remove that person to a place of safety

Question 3

Section 136 (1A) Mental Health Act 1983

Answer 3

This power may be exercised where the mentally disordered person is at any place other than;
a) Any house, flat or room where the person, or any other person is living
OR
b) Any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than the one that is also used in connection with one or more other houses, flats or rooms

Question 4

Section 136 (1B) Mental Health Act 1983

Answer 4

A constable may enter any place where the power may be exercised if needs be by force

Question 5

Section 136 (1C) Mental Health Act 1983

Answer 5

Before deciding to remove a person to, or to keep a person at a place of safety under subsection (1) the constable MUST, if it is so practicable to do so, consult;

a) A registered medical practitioner
b) A registered nurse
c) An approved mental health professional
d) A person of a description specified in regulations made by the secretary of state

Question 6

Section 136 (2A) Mental Health Act 1983

Answer 6

A person removed to a place of safety may be detained there for 24 hours (+12 extension) for the purpose of them being examined by a doctor and an approved mental health professional

Question 7

Section 136A(1) Mental Health Act 1983

Answer 7

A child may not in the exercise of a power to which this section applies be removed to, kept at or taken to a place of safety that is a police station

Question 8

Section 136A(2) Mental Health Act 1983

Answer 8

A police station may only be used as a place of safety in exceptional circumstances;

• The detaining officer reasonably considers that the person’s behaviour poses an imminent risk of serious injury or death to themselves or another
• No NHS place of safety in the force area could reasonably handle the risk posed by the detainee
• An inspector must authorise the use of custody against those criteria

Question 9

Powers of search under the Mental Heath Act

Answer 9

When a person is detained under S136(2) or (4) a constable may search the person at any time while the person is detained if the constable has reasonable grounds for believing that the person

a) May present a danger to himself/herself or to others
b) is concealing on his/her person an item that could be used to cause physical injury to himself/herself or to others

Question 10

Section 135(1) – Mental health Act 1983 – WARRANT

Answer 10

Entry to premises with a warrant applied for by AMHP

Question 11

Section 135(2) – Mental health Act 1983 – WARRANT

Answer 11

Entry to premises with warrant to REMOVE INDIVIDUAL absent without leave or liable to be detained under MHA

Question 12

Section 18 Mental Health Act 1983 – Recall of patients absent without leave

Answer 12

A patient detained under the MHA who is absent without leave under S17 absconds or fail to return to the hospital (not a voluntary attendee) may be taken into custody by a constable and returned to hospital under this section
NO POWER OF ENTRY FOR THIS S18

Question 13

MENTAL CAPACITY ACT 2005

Answer 13

1- A person must be assumed to have capacity unless it is established that they have a lack of capacity
2 – A person is not to be treated as one able to make a decision unless all practicable steps to help him or her to do so have been taken without success
3- A person is not to be treated as unable to make a decision merely because he or she makes an unwise decision
4 – An act done or decision made under this act for, or on behalf of the person who lacks capacity must be done or made in his or her best interest
5 – Before the act is done or the decision is made, regards must be had as to whether the purpose for which it is needed can be effectively achieved in a way which is the least restrictive of the persons rights and freedom

Question 14

I D A C U R E

Answer 14

I = Impairment – is there a temp or permanent Impairment preventing the person to CURE?
D = Disturbance – Disturbance of the mind preventing CURE
A = AND ONLY 1 of the following needs to be satisfied
C = Communications – Can they communicate (also non-verbal) their decision
U = Understand – Can they understand the info to make the decision?
R = Retain – Can they retain the info to make the decision
E = Employ – Can they employ the info

Question 15

Section 44 Mental Capacity Act 2005

Answer 15

If a person (D)

a) Has the care of a person (P) who lacks or whom D believes to lack capacity
b) Is the receiver of a lasting power of attorney or enduring power of attorney created by P
c) Is a deputy appointed by the court for P
(2) D is guilty of an offence if he ill-treats or wilfully neglects P