Mental Health Act

Question 1

What does section 2 of the Mental Health Act allow ?

Answer 1

Assessment and treatment

• -> Detained in hospital for assessment of mental health
• To get any treatment you might need. (can be without patients consent)

Question 2

What is the duration of section 2?

Answer 2

• 28 days

- cannot be renewed

Question 3

How many professionals need to approve a section 2 detainment?

Answer 3

• 2 doctors (one Section 12 approved)

- AMHP (approved mental health professional)

Question 4

What evidence is required to use section 2?

Answer 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

Question 5

What does section 3 of the Mental Health Act allow ?

Answer 5

Treatment

–> Compulsory admission for treatment

Question 6

What is the duration of section 3?

Answer 6

• Up to 6 months initially

- can be renewed

Question 7

How many professionals need to approve a section 3 detainment?

Answer 7

• 2 doctors (one Section 12 approved)

- AMHP (medical health professional)

Question 8

What evidence is required to use section 3?

Answer 8

(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

Question 9

What does section 4 of the Mental Health Act allow ?

Answer 9

Emergency Order

–> only in an “urgent necessity” when waiting for a second doctor would lead to “undesirable delay”

Question 10

What is the duration of section 4?

Answer 10

72 hrs

Question 11

How many professionals need to approve a section 4 detainment?

Answer 11

• 1 doctor

- 1 AMHP

Question 12

What evidence is required to use section 4?

Answer 12

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)

Question 13

What does section 5(4) of the Mental Health Act allow ?

Answer 13

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

Question 14

What is the duration of section 5(4)?

Answer 14

6 hrs

Question 15

What does section 5(2) of the Mental Health Act allow ?

Answer 15

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

Question 16

What is the duration of section 5(2)?

Answer 16

72 hrs

Question 17

What does police Section 136 entail?

Answer 17

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

Question 18

What does police Section 135 entail?

Answer 18

• 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

Question 19

Where can you use Section 5(2)?

Answer 19

• N/A in A&E

- Doctor can only use it on their own patients