Mental Health Act

Question 1

Give 4 underlying principles of the MHA

Answer 1

1. Respect for patients’ past and present wishes and feelings
2. Minimizing restriction on liberty
3. Patient wellbeing and safety
4. Public safety

Question 2

Give details of Section 2

Answer 2

Detained under 28 days (cannot be renewed)
Need 2 doctors (1 Sec 12 approved) + AMHP
Purpose: assessment
Can be used in A + E
Evidence required:
- patient suffering from a mental disorder of a nature
- Detainment is impt for safety and wellbeing of patient and public

Question 3

Give details of Section 3

Answer 3

Detained under 6 months (cannot be renewed)
Purpose: assessment
Evidence required:
- Patient suffering from a mental disorder of some nature
- Detainment is impt for safety and wellbeing of patient and public

Question 4

Give details of Section 4

Answer 4

Detained for 72 hours (emergency case)
Purpose: “urgent necessity” when waiting for second doctor results in delays
Only needs ONE doctor

Evidence required:

• Patient suffering from a mental disorder of some nature
• Patient ought to be detained for his/her own health or safety, or protection of others
• Not enough time for 2nd doctor to attend (risk to doctor)

Question 5

Details of Section 5(2)?

Answer 5

Initiated by doctor (72 hours)
Purpose: For patient already admitted (to psychiatric or general hospital) but wants to leave
Allows time for Section 2 or Section 3 assessment
Cannot be coercively treated

Question 6

Details of Section 5(4)?

Answer 6

Initiated by nurse (6 hours)
Purpose: For patient already admitted (to psychiatric or general hospital) but wants to leave
Nurse’s holding power until doctor can attend
Cannot be coercively treated

Question 7

Details of Section 135?

Answer 7

Allows police to gain entry to someone’s premises and remove them to place of safety:

• local psychiatric unit
• police cell

Question 8

Details of Section 136?

Answer 8

Allows police to arrest someone in a public area and remove them to a place of safety:

• local psychiatric unit
• police cell

Question 9

What are 3 requirements to be fulfilled for someone to be sectioned under the Mental Health Act?

Answer 9

Diagnosed or suspected mental illness
Risk to self/others
Condition cannot be managed in community –> nature or degree to warrant detention in hospital

Question 10

Who can you appeal to, in order to repeal a mental health act?

Answer 10

Mental health tribunal
Consultant psychiatrist
Hospital manager meeting

Question 11

Give 2 reasons why a Section 2 may be warranted

Answer 11

Patient is suffering from a mental disorder of a nature or degree that warrants detention in hospital for assessment (cannot be managed in community)

Patient should be detained for his/her own safety and for the safety of others