Mental Health Act

Question 1

What is Section 2?

Answer 1

• Allows detention for up to 28 days for assessment of their mental disorder.
• This is not renewable so at the end of this time period needs to be converted to a treatment order (Section 3) or the patient discharged.
• Application is made by an Approved Mental Health Professional (AMHP) or rarely the nearest relative (NR) aswell as 2 doctors (one of whom should be ‘approved’ under Section 12(2) of the Mental Health Act - usually a consultant psychiatrist)
• Treatment can be given against a patient’s wishes

Question 2

What is Section 3?

Answer 2

• Treatment order for up to 6 months which can be renewed for another 6 months & then after that another year at a time.
• Patient can be discharged at any time, if deemed well enough
• Application is made by AMHP along with 2 doctors (one of whom Section 12 approved), both of which must have seen the patient within the past 24 hours.
• Treatment can be given against a patient’s wishes

Question 3

What is the criteria for admission under Section 2?

Answer 3

• The person must be suffering from a mental disorder of a nature and degree that warrants their detention in hospital for assessment
• The person ought to be detained in the interests of their own health / safety or for the interest of others.

Question 4

What is the criteria for admission under Section 3?

Answer 4

Same as Section 2 criteria:

• The person must be suffering from a mental disorder of a nature and degree that warrants their detention in hospital for assessment
• The person ought to be detained in the interests of their own health / safety or for the interest of others.

Aswell as:

• Must be appropriate medical treatment available for the mental disorder the patient is suffering with

Question 5

What is Section 4?

Answer 5

• Allows the emergency admission of patients to hospital when waiting for processing of Section 2 would cause a dangerous delay
• Application made by AMHP or NR & one doctor (not Section 12 approved)
• Usually converted to Section 2 upon arrival at hospital
• Can last up to 72 hours & non-renewable.

Question 6

What is Section 5(2)?

Answer 6

• Allows hospital in-patients to be legally detained by a doctor for 72 hours during which time a Section 2 admission can be planned.
• Not valid in emergency rooms
• Can be done by any doctor

Question 7

What is Section 5(4)?

Answer 7

• Known as ‘nurses’ holding power’
• Allows registered nurse or AMHP to detain an informal patient for up to 6 hours when an informal patient is trying to discharge against medical advice or may cause harm to themself/others
• Allows adequate time to organise a Section 2.

Question 8

What is Section 136?

Answer 8

• Allows police officers to remove a person, believed to be suffering from a mental health condition, from a public place & take them to a place of safety (usually local psych ward/hospital, designated room in police station or emergency room)
• Doctor & AMHP must assess patient upon arrival & if necessary admit them under Section 2 or 3

Question 9

What is Section 135?

Answer 9

A court order that can be obtained to allow the police to break into a property to remove a person to a Place of Safety

Question 10

What is section 17a?

Answer 10

• Supervised Community Treatment (Community Treatment Order)
• Used to recall a patient to hospital for treatment if they do not comply with conditions of the order in the community, such as complying with medication