Mental Health Legislation

Question 1

Which people are required to make an assessment for detention under the mental health act?

Answer 1

2 doctors + 1 AMHP

1 doctor must be section 12 approved
1 doctor must have prior knowledge of the patient

AMHP (approved mental health practitioner) - can be mental health nurse, occupational therapist, clinical psychologist - actively makes the application and decision

Question 2

What is the criteria for detention under the MHA?

Answer 2

• suffering from a disorder/disability of the mind
  AND
  Must be at risk to own health/safety, OR a risk to others
  AND
  Must be unwilling to go to hospital voluntarily

Question 3

What is a section 2?

Answer 3

for assessment
lasts up to 28 days - cant be extended
can be appealed once - within the first 14 days

Question 4

What is a section 3?

Answer 4

For treatment
Lasts up to 6 months - can be repeated as many times as necessary
Can be appealed - twice in the first 6 months, annually after that

For treatment of the cause, the mental health disorder itself, or for the consequences of the disorder

Question 5

What is a section 5 (2)

Answer 5

Doctor’s holding power
For inpatients only - demonstrating a mental disorder that cannot be continued as an informal admission
Lasts for up to 72 hours
No right to treat, and cannot be used to treat a physical disorder
Can only be used if FY2 or above

Question 6

What is a section 5 (4)

Answer 6

Nurse’s holding power
lasts up to 6 hours
must see a doctor who can carry out a 5 (2) within those 6 hours

Question 7

What is a section 135?

Answer 7

Warrant to search for and remove the patient - can be within their abode
To move them to a place of safety for assessment

Question 8

What is a section 136?

Answer 8

For a mentally disordered person in a public place
can take them to a place of safety to be assessed

Only AFTER discussing the case with a mental health professional
Lasts up to 24 hours (36 in special circumstances)

Question 9

5 main principles of the mental capacity act?

Answer 9

A person is assumed to have capacity
An unwise decision doesnt mean they lack capacity
all praciticable steps must be taken to help them make a decision
all decisions must be in their best interests
before active, best interests must be established

Question 10

What are the main elements when assessing capacity?

Answer 10

1) diagnostic test - disorder? Y/N
2) Functional test

Decision specific, time specific

Question 11

What are the elements of the functional test of capacity?

Answer 11

1) understand the information?
2) retain the information?
3) Use/weigh up the information
4) Communicate that decision