Mental health act

Question 1

What is section 2?

Answer 1

Assessment
Up to 28 days
2 doctors and AMHP required
It is to be used when there is no clear psychiatric diagnosis at the given time. It allows you to hold and treat someone against their will
Can’t be implemented back to back
Decide whether a section 3 is requires or treat the patient informally

Question 2

What is section 3?

Answer 2

Treatment
Up to 6 months
2 doctors and an AMHP required
used when there is a definitive psychiatric diagnosis or prognosis
If the section is renewed it lasts a further 6 months, and any further renewal from then on lasts for 1 year.

Question 3

What is section 5(2)?

Answer 3

Emergency
Up to 72 hours
1 doctor required (physician/surgeon not psychiatrist)(not F1)
Get most senior member in team to sign
Inform psychiatrist that form has been completed
If physician doesn’t report under 5(2) then psychiatrist should be seen as soon as possible

Question 4

What is section 5(4)?

Answer 4

Emergency
Up to 6 hours
1 registered mental health nurse required

Question 5

What is section 135?

Answer 5

Power of entry & removal to Place of Safety
Up to 72 hours
Magistrate required

Question 6

What is section 136?

Answer 6

Place of safety
Up to 72 hours 
Police officer required
Power to remove a person with a mental disorder to a place of safety, special 136 suite, police station or A+E
Can be assessed under 136

Question 7

Which patients can section 5(2) be used for?

Answer 7

If the patient is an in-patient with a mental illness
If the patient is at risk
If informal admission is no longer appropriate, i.e. the patient wants to leave
If the patient needs an assessment for Section 2 or 3

Question 8

What can be done under section 5(2)?

Answer 8

Hold the patient for Mental Health Act assessment.
Cannot give treatment
Cannot do another 5(2) back-to-back
Cannot let it lapse
Cannot use in A&E or Outpatients
Cannot have leave
Cannot get into trouble for doing it in good faith.

Question 9

What is a community treatment order?

Answer 9

Only relates to psychiatric care

All treatment should be consensually given according to the Mental Capacity Act.

Question 10

What are the 4 components to the process of capacity?

Answer 10

1. Understand- information relevant to decision
2. Retain- for long enough to make a decision
3. Deliberate
4. Communicate the decision

Question 11

What is the 2 stage assessment of capacity?

Answer 11

Stage 1: a person lacks capacity if he/she is unable to make a specific decision due to a disturbance in the functioning of the mind or brain.
Step 2: a person is unable to make a decision if they are unable to:
Understand
Retain
Deliberate
Communicate