Mental health legislation Flashcards
why do we have a mental health law
Power to provide compulsory care and treatment for people with a mental disorder
Rights and safeguards to make sure those powers are used appropriately
Duties on NHS Boards and local authorities to provide a wide range of services for people with a mental health disorder
what does Section 328 define mental disorder as?
any mental illness,
personality disorder or
learning disability
however caused or manifested.
who can be detained
> 18yrs
< 18
Can still be detained
Need child / adolescent specialist (CTO etc)
Use specialist resources (where ever possible)
Emergency detention certificate EDC
Authorises detention for up to 72 hours
Short-term detention certificate STDC
Authorises detention for up to 28 days
Compulsory Treatment Order CTO
Authorises detention for up to six months
Nurses holding power
Authorises detention for up to three hours (changed in 2015 Act)
Criteria for Detention
Mental disorder
Significant Impairment of Decision Making Ability for medical treatment about mental disorder
Significant risk to health, safety or welfare of the person or the safety of any other person
Treatment available
Order necessary
Section 2 to 4 the principles that must be considered when applying the Act:
The intervention must benefit the adult
Any intervention shall be the least restrictive in relation to the freedom of the adult, consistent with the purpose of the intervention
Account must be taken of the past and present wishes of the adult
Where practicable, account should be taken of
the views of relatives and carers
the views of relevant others (guardians, attorneys, etc.)
Assessment Order
Court satisfied there are reasonable grounds that (one registered medical practitioner)
Mental disorder
Detention in hospital is necessary
Civil risk criterion met
Treatment
Suitable bed available within 7 days
Assessment could not be undertaken if not in hospital
Court also has to consider
All the circumstances (including the offence)
Any alternative means of dealing with the person
Treatment Order – Lasts until final disposal or another order is granted
Court satisfied on the basis of evidence from two medical practitioners (one of whom must be approved)
Mental disorder
Treatable
Civil Risk
Suitable bed available within seven days
Reasonable alternative? Necessity
Need to consider the other things above
Treatment may be given under part 16.
Compulsion Order
Court Satisfied on the evidence of two medical practitioners (one of whom is approved)
mental disorder
availability of medical treatment
significant risk
Necessary to be in hospital
Need to consider the level of security
Need to consider if a restriction order is necessary
Restriction Order
Without limit of time cf 6 months
RMO must review annually
MWC can initiate a review
Scottish Ministers have a duty to review
Patient and Named Person can make an application for a review by a Tribunal
Automatic hearing if no hearing in last two years
MHO has responsibilities as CO and are set out in the MOP.
state hospital
High Secure Care for Scotland and Northern Ireland
Located at Carstairs Junction, Lanarkshire
Currently 140 beds male beds (previously double that) includes 12 Learning Disability
Physical, Relational and Procedural Security rigorous
Appeals against excess security (section 264/265)
medium secure unit
Step down or step up
3 in Scotland – Rohallion, Rowanbank in Glasgow and the Orchard Clinic in Edinburgh both have women’s services
All 3 function slightly differently
Less security than the state hospital but maintains a higher degree of procedural, relational and physical security than low secure units.
low security
Lower level of security
Patients in general will have more access to the community
Relatively lower level offenders or step down through the pathways of care
Transferred prisoners
Not NO security
