MENTAL HEALTH AND THE LAW Flashcards
To which age group does the Mental Health Act apply?
All ages. There is no minimum age limit unlike the Mental Capacity Act.
Do people with learning difficulties fall under the Mental Health Act?
Yes, however, there are strict definitions. The Learning Disability Qualification states that: “a person with a learning disability alone can only be detained for treatment or be made subject to Guardianship if that learning disability is associated with abnormal aggressive or seriously irresponsible conduct.”
Are mental disorders secondary to substance intoxication or withdrawal (e.g delirium tremens) covered by the Mental Health Act?
Yes. However, the MHA does not regard dependence on alcohol or drugs alone as evidence of a mental disorder.
What does admission under Section 2 of the Mental Health Act mean?
This is compulsory detention for assessment. It is used when a diagnosis and response to treatment are unknown. It may eventually be converted to a Section 3 if longer admission is needed. Medication may be given as part of the admission process.
How long does admission under Section 2 of the Mental Health Act last for?
28 days
Who can apply for an admission under Section 2 of the Mental Health Act?
An Approved Mental Health Professional
OR the patients nearest relative, who must have seen the patient within 14 days of the application.
For admission under Section 2 of the Mental Health Act, who must the patient have seen for the admission to be approved?
Recommendations must have been made by two doctors, one of which must be Section 12 trained.
How many times can a Section 2 of the Mental Health Act be renewed?
It cannot be renewed but it may be converted in a Section 3.
Can medication be given to a patient admitted under Section 2 of the Mental Health Act?
They can be as long as this is part of the assessment rather than as treatment. Patients cannot be treated for medical problems under the MHA if they have capacity. If they do not have capacity, they are treated under the Mental Capacity Act, not MHA.
What does admission under Section 3 of the Mental Health Act mean?
This is compulsory detention for treatment. It is used when the diagnosis and treatment response have been established (often under Section 2).
How long does admission under Section 3 of the Mental Health Act last for?
6 months
Who can apply for an admission under Section 3 of the Mental Health Act?
An Approved Mental Health Professional
OR the patients nearest relative, who must have seen the patient within 14 days of the application.
For admission under Section 3 of the Mental Health Act, who must the patient have seen for the admission to be approved?
Recommendations must have been made by two doctors, one of which must be Section 12 trained.
Can detention under Section 3 of the Mental Health Act be renewed?
Detention under Section 3 can be renewed. It is renewed initially for another 6 months, after which it can be renewed for periods lasting a year. Section 3 can only be renewed if the patient has been given an assessment by the doctor responsible for their care in hospital, during the two months before their Section 3 is due to end.
Can medication be given to a patient admitted under Section 3 of the Mental Health Act?
Yes. Section 3 is used to treat a patient for their mental illness. Remember though that patients cannot be treated for medical problems under the MHA if they have capacity. If they do not have capacity, they are treated under the Mental Capacity Act, not MHA.
