Mental Health Act

Question 1

Section 2

Answer 1

Admission for assessment (and Mx if appropriate)
Usually used for first admission
28 days
Cannot be renewed
Made by AMHP or NR on behalf of 2 drs, one of whom should be sec. 12 approved (SpR/Cons.), one of whom knows pt in professional capacity eg GP
- must be <5d between medical exams
- pt must have been seen within 14d of date of application
- AMHP should interview pt to ensure detention necessary
D/c routes:
One application by NR can be made to mental health review tribunal within 14d of detention
Responsible clinician can d/c whenever

Question 2

Section 3

Answer 2

Admission for Mx w/Dx stated
6mo
Can be renewed:
1st renewal: 6m
Subsequent: 12
Made by AMHP or NR on behalf of 2 drs etc
Can be forcibly medicated
Consent to Mx: provisions apply after 3m of detention (if not consenting will need SOAD assessment)
D/c routes:
pt. can apply to MHRTat ant time (they aim for hearing within 5w)
Leave granted under section 17
NR can apply for d/c to hospital but can be barred by responsible clinician

Question 3

Section 4

Answer 3

admission for emergency Rx
72h
Preferred over sec 2 if admission more immediate
Only need 1 dr
Can be converted to section 2
Usually done by AMHP (rarely NR) on behalf of 1 (not sec 12 approved)

Question 4

Section 5 (2)

Answer 4

Detention of inpt
72h
Can be done by 1 dr in charge of case (or nominee)

Question 5

Section 5(4)

Answer 5

Detention of inpt enforced by nurse
6hr (until dr/clinican w/responsbility arrives)
can be done by registered mental health nurse

Question 6

Section 17

Answer 6

Allows leave for a period of time (specified)

Conditions must be met eg return time, staying w/particular people

Question 7

Section 35

Answer 7

Applies if pt is accused of crime
Magistrated court remand you in hospital in 1 Dr has evidence you may have MH disorder
28d
Can be extended in periods of 28d up to 12w

Question 8

Section 37

Answer 8

admission for medical Rx of pt who has commited crime
6m
can be extended for 6m then 1y

Question 9

Section 41

Answer 9

Restriction order
Crown court made
Affects leave of absence, d/c, transfer
No appeal within 6m

Question 10

Section 47

Answer 10

Transfer serving prisoner to hospital

can add section 49 under restrictions of 41

Question 11

Section 48

Answer 11

Transfer of unsentenced prisoner to hospital for detention

Question 12

Section 135

Answer 12

magistrate issues warrant for officer (w/dr and amhp) to enter any premises to take pt to safety
24 hrs can be extended to 36

Question 13

Section 26 +29

Answer 13

26- who the pts NR is

29 - pt right to change NR

Question 14

Community treatment order

Answer 14

Allows being d/c from prev. section on agreement on conditions eg
Living in certain place
Going somewhere for Mx

Question 15

AMHP

Answer 15

approved MH professional
Local social services gives authority under MHA
Responsible for coord. assessment of pt and admission if sectioned

Question 16

IMHA

Answer 16

independent mental health advocate
Trained to help pt find rights under MHA
Provide support
Pts have a right if:
- under section except 4,5,135,136
- under MHA guardianship, conditional d/c, CTO
- discussing Mx eg ECT

Question 17

Guardianship

Answer 17

Appointed to help pt live as indep. as poss. in community instead of being sectioned

Question 18

Deprivation of liberty safeguards (DoLS)

Answer 18

used if person deprived of liberty within care/hosp.

Needed if restraint and restriction necessary