Mental Health Act + Mental Capacity Act

Question 1

What are the criteria for detention under the MHA?

Answer 1

1. Must be suffering from a mental disorder of a nature or degree warranting admission
2. Must be a risk to themselves or others
3. Must be unwilling to be admitted voluntarily or lack the capacity to make this decision

Question 2

What are the rights to treat under the MHA?

Answer 2

Can treat:
The CAUSE of the mental disorder
The mental disorder
The DIRECT CONSEQUENCES of the mental disorder eg self-neglect, overdose, self-injury

Question 3

What are the elements of Section 2 of the MHA?

Answer 3

ASSESSMENT
-Lasts up to 28 days
-Detained by 2 doctors and 1 AMHP
-Right to treat
-Can appeal within 14 days
-Cannot be renewed
-Either revoked or detained on S3

Question 4

What are the elements of Section 3 of the MHA?

Answer 4

TREATMENT
-Lasts up to 6 months
-Detained by 2 doctors and 1 AMHP
-Right to treat
-Can appeal 2x within first 6m and then yearly
-Can be renewed for 6m then yearly
-Either revoked or renewed

Question 5

What are the elements of Section 5.2 of the MHA?

Answer 5

DOCTORS HOLDING POWER
-Lasts up to 72h
-Detained by a fully registered doctor (FY2 or above) working in the area the patient is in
-No right to treat
-Cannot appeal
-Cannot renew
-Triggers MHA assessment

Question 6

What are the elements of Section 5.4 of the MHA?

Answer 6

NURSES HOLDING POWER
-Lasts up to 6h
-Detained by a MH nurse
-No right to treat
-Cannot appeal
-Cannot renew
-Needs 5.2 assessment

Question 7

What are the elements of Section 136 of the MHA?

Answer 7

POLICE POWER
-Lasts up to 24h
-Detained by police in a public place
-No right to treat
-Cannot appeal
-Cannot renew but can extend by 12h
-Triggers MHA assessment

Question 8

What does Section 135 allow?

Answer 8

Enables removal of a person from a private dwelling to a place of safety
Section 12 approved doctor must be present

Question 9

What are the 5 principles of the MCA?

Answer 9

1. A person is ASSUMED to have capacity
2. All practicable steps must be taken to ENABLE decision making
3. People are able to make UNWISE decisions
4. Decisions made on behalf of someone lacking capacity must be in their BEST INTERESTS
5. Decisions made on behalf of someone lacking capacity must be MINIMALLY RESTRICTIVE

Question 10

What are the 2 stages of a capacity assessment?

Answer 10

1. Does the person have an impairment or disturbance in the functioning of the mind or brain? (diagnostic)
2. Functional test
   —UNDERSTAND information relevant to the decision?
   —RETAIN information
   —WEIGH UP the information to make a decision
   —COMMUNICATE their decision