Mental Health Law Flashcards
What does it mean to be sectioned?
Sectioned - this means that you are kept in hospital under the Mental Health Act 1983
What is a mental disorder?
Any disability or disorder of the mind. It does not include psychopathic conditions,
mental illness, mental impairment (learning disability) or drug dependence
Who can be sectioned?
Those that fit the mental health criteria
• Those with a criminal offense
If that person is considered mentally ill they may be referred to a mental health hospital rather
than jail for their safety.
What are the principles of the mental capacity act?
Assume a person has capacity unless proven otherwise
Do not treat people as incapable of making decisions because they make poor decisions
Make decisions for people without capacity in their best interest
Consider whether you could have achieved the outcome in a less restrictive way
Cannot threaten/ say “you can have this if you do this”
How can we determine capacity?
Ask the 4 questions and answer must be yes to all
Can the person understand the relevant information?
Can individual retain the information?
Can individual weigh up the information?
Can you communicate your decision?
What is the deprivation of liberty?
Part of the mental capacity act 2005
Includes safeguards which aim to make sure people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom.
Care homes and hospital must follow a legal procedure to authorise the deprivation of liberty of a person who lacks capacity
Who can act on behalf of someone who lacks capacity?
What is the criteria for the authorisation to deprive liberty?
Must seek a CCG or local authority
Standard or emergency authorisation
The person must be 18
Have a mental disorder
Lack capacity to object to living in hospital or care home
Detention is in their best interest
They are eligible under the rules
No refusals
When is restraint use and how much restraint can be used?
When a peson who lacks capacity is at risk of harming themselves
Restraint used must be proportional to the risk of harm
What can be used for patients harming others?
Rapid tranquilisation – when de-escalation methods have not worked to control patients’
aggression
What is the aim of rapid tranquilisation?
To reduce the risk of harm to others as well as any physical or psychological harm to the patient
What drugs are used in rapid tranquilisation?
Antipsychotics:
Olanzapine 5-10mg
Haloperidol 5-10mg
Benzodiazepines:
Lorazepam 1-4mg
Or midozalam if there is a manufacturer problem with lorazepam
Administered via the intramuscular route
An antipsychotic and a benzodiazepine may be used if necessary
What are the risk associated with rapid tranquilisation?
QT prolongation and sudden death
Monitor: vital signs, hydration and consciousness after administering
At baseline and ongoing ECG
Risk is reduced by using a single agent
How can we protect the mentally unwell?
Providing them with an independent mental capacity advocacy to people who have no-one to fulfill the role.
Advance-decision making. Patient makes choices when they are well for the future. Must be written, signed and witnessed
What is the community treatment order?
So community treatment orders allow patients who are receiving inpatient care, possibly
even under section, it allows them to be treated at home. However, that is dependent on
them, continuing to be treated, if it’s clinically necessary. Also built into a community
treatment order is the ability to revoke and recall a patient to an inpatient unit
