Mental health legislation Flashcards
What criteria must be fulfilled for detention under the MHA?
Must be suffering from Mental Disorder (= “any disorder or disability of mind”), of a nature or degree, which warrants detention in hospital
AND
Must be at risk to own health AND/OR own safety AND/OR risk to others
AND
Must be unwilling to go to hospital voluntarily
What section must at least one of the doctors involved in the MHA assessment process have?
Must be section 12 approved.
Who makes the final decision in the MHA assessment process?
The AMHP
What is a Section 2?
Admission for assessment
How long is a section 2 valid for?
Up to 28 days
Can a section 2 be appealed?
Yes, within the first 14 days
What is a Section 3?
Admission for treatment of the mental disorder, the cause of the mental disorder or of the consequences of the mental disorder
How long is a section 3 valid for?
Up to 6 months
Can a section 3 be appealed?
Yes, twice within the first 6 months, yearly after this.
What is a section 5(2)?
Doctor’s holding power so that a MHA assessment can be carried out. For in-patients only, therefore cannot be used for patients in the ED.
Must state why continued informal admission is not possible (refusal to stay / lack capacity to make this decision).
How long is a section 5(2) valid for?
Up to 72 hours
Can a section 5(2) be used to treat patients?
No right to treat physical health problems
Who can apply for a section 5(2)?
FY2 doctors and above.
What is a section 135?
Warrant to search for and remove patient to a place of safety for the purpose of an assessment.
(In private residence)
What is a section 136 and how long does it last?
(In area that is not a private dwelling).
If a police officer thinks that a person is suffering from a mental disorder and is in immediate need of care they can take them to a place of safety to be assessed after discussing the case with a mental health professional
Last for up to 24 hours (or 36 if exceptional circumstances)
