Mental Health Act Flashcards
What does section 2 of the Mental Health Act allow ?
Assessment and treatment
- -> Detained in hospital for assessment of mental health
- To get any treatment you might need. (can be without patients consent)
What is the duration of section 2?
- 28 days
- cannot be renewed
How many professionals need to approve a section 2 detainment?
- 2 doctors (one Section 12 approved)
- AMHP (approved mental health professional)
What evidence is required to use section 2?
a) The patient is suffering from a mental disorder of a nature or degree that warrants detention in hospital for assessment; and
b) The patient ought to be detained for his or her own health or safety, or the protection of others
What does section 3 of the Mental Health Act allow ?
Treatment
–> Compulsory admission for treatment
What is the duration of section 3?
- Up to 6 months initially
- can be renewed
How many professionals need to approve a section 3 detainment?
- 2 doctors (one Section 12 approved)
- AMHP (medical health professional)
What evidence is required to use section 3?
(a) The patient is suffering from mental disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment in a hospital; and
b) The treatment is in the interests of his or her health and safety and the protection of others; and
c) Appropriate treatment must be available for the patient
What does section 4 of the Mental Health Act allow ?
Emergency Order
–> only in an “urgent necessity” when waiting for a second doctor would lead to “undesirable delay”
What is the duration of section 4?
72 hrs
How many professionals need to approve a section 4 detainment?
- 1 doctor
- 1 AMHP
What evidence is required to use section 4?
a) The patient is suffering from a mental disorder of a nature or degree that warrants detention in hospital for assessment; and
b) The patient ought to be detained for his or her own health or safety, or the protection of others
c) There is not enough time for 2nd doctor to attend (risk)
What does section 5(4) of the Mental Health Act allow ?
This is a nurses holding power (until a doctor can attend) for a patient already admitted in hospital but is wanting to leave
CANNOT BE COERCIVELY TREATED
What is the duration of section 5(4)?
6 hrs
What does section 5(2) of the Mental Health Act allow ?
This is a doctors holding power (F2+) to allow time for section 2/3 assessment for a patient already admitted in hospital but is wanting to leave
CANNOT BE COERCIVELY TREATED
What is the duration of section 5(2)?
72 hrs
What does police Section 136 entail?
Allows a police to remove an apparently mentally disordered person from a public place to a place of safety for up to 72 hours
The place of safety could be a police station or hospital
What does police Section 135 entail?
- Allows the police to enter your home and take you to (or keep you at) a place of safety so that a mental health assessment can be done. This could involve keeping you at home.
- Requires warrant/court order for police to enter individuals home
Where can you use Section 5(2)?
- N/A in A&E
- Doctor can only use it on their own patients
