Mental Health Acts Flashcards
4 components of capacity?
- Understand information
- Retain info long enough to make the decision
- Weight information as part of the process of making a decision
- Communicate the decision by any means
What criteria must be met so that a patient can be sectioned?
Presence of a mental disorder as defined by law
Disorder is of a certain nature or degree
Significant risk to person’s health and safety, of others, risk of self-neglect
No alternative to hospital admission as means of safeguarding that risk
What is a section 2?
How long?
Who can do it?
Admission for assessment for up to 28 days
1 section 12-approved doctor and 1 other doctor
What is a section 3?
How long for?
Who can do it?
Admission for treatment
Up to 6 months
2 doctors (1 section 12 approved) and AMHP
What is a section 4?
How long for?
Who can authorise it?
Admission to hospital for emergency treatment
Up to 72 hours
Doctor and AMHP/relative
What is a section 5(2)?
Which can do it?
How long for?
For detention of patient already in hospital
Up to 72 hours
Responsible doctor looking after patient
Can a 5(2) be used on someone in A&E?
No because they have not been admitted to a ward
What is a section 5(4)?
How long for?
Who can authorise it?
Detain a patient for assessment
Up to 6 hours
Psychiatric nurse
What is section 17?
Who can authorise it?
Provision for leave whilst detained in hospital under section 2 or 3
Responsible clinician
What is a section 136?
Who can authorise it?
How long for?
Police power to remove to a place of safety from public place for assessment
72 hours
What is a section 117?
Anyone who has been under section 3 is entitled to after care
What is a community treatment order?
For a patient on section 3
Well enough to leave hospital but may default from treatment/follow-up
Treatment is necessary for health/safety of patient and others
Can be recalled to hospital if don’t comply with treatment/appointments
