Mental Health Legislation Flashcards
What are the two main acts that set out mental health legislation in the UK?
Mental Health Act (1983)
Mental Capacity Act (2005)
What are the criteria that must be met for detention under the Mental Health Act?
- Must be suffering from a mental disorder of a nature or degree warranting admission;
AND
- Must be a risk to their own health and/or safety and/or the safety of others;
AND
- Must be unwilling to be admitted voluntarily or lack the capacity to make this decision.
Summary:
Mental disorder + Risk + Unwilling/Unable
Who can make the assessment to detain a person under the Mental Health Act?
2 doctors + 1 AMHP
Two doctors make recommendations that the person be detained.
- Each determines if the person meets the criteria in their own opinion.
- One must be Section 12 approved.
- One should have prior knowledge of the patient.
One AMHP (approved mental health professional) makes the application to the receiving hospital. - Independent and makes the final decision.
What can be treated under the Mental Health Act?
- The cause of the mental disorder.
(e. g. encephalopathy or other organic illness) - The mental disorder.
(i. e. psychotropic medication, ECT) - Direct consequence(s) of the mental disorder.
(Self-neglect/harm, overdose, feeding in eating disorder)
Which MHA section governs admission for assessment?
Section 2
Which MHA section governs admission for treatment?
Section 3
Which MHA section governs holding powers for informal patients?
Section 5
Which MHA section governs police powers?
Sections 135 and 136
MHA Section 2
Used for assessment
Up to 28 days
2 doctors + 1 AMHP
Can treat
Can appeal
No renewal
At the end of the term, must be revoked or a section 3 detention put in place.
MHA Section 3
Used for treatment
Up to 6 months
2 doctors + 1 AMHP
Can treat
Can appeal
Can renew: another 6 months and then yearly
At the end of term must be revoked or renewed
MHA Section 5(2)
Used for doctors holding power
Up to 72 hours
Fully registered doctor
No treatment
No appeal
No renewal
At expiry, triggers MHA assessment for ?section 2 or 3.
MHA Section 5(4)
Used for nurses holding power
Up to 6 hours
Mental health nurse
No treatment
No appeal
No renewal
Triggers a section 5(2) assessment
MHA Section 136
Used for police holding power
Up to 24 hours
Police
No treatment
No appeal
No renewal (can be extended upto 12 hours)
Triggers MHA assessment
True or false: A section 136 allows police to detain and move anyone appearing to suffer from a mental disorder to a place of safety.
Sort of true.
Only applies in public places.
If the person is in a private dwelling, must obtain a Section 135 magistrate warrant.
Which form is completed when detaining a patient under Section 5(2) of the MHA?
Form H1
Which of the following is not true of the Mental Capacity Act?
A) Never assume a person has capacity
B) All practicable steps must be taken to enable decision making
C) People are able to make unwise decisions
D) Decisions made on behalf of someone lacking capacity must be in their best interests
E) Decision made on behalf of someone lacking capacity must be the least restrictive option
A) Never assume a person has capacity
Under the MCA a person is assumed to have capacity
How is capacity assessed under the Mental Capacity Act?
Step 1. Diagnostic test:
- Does the person have an impairment or disturbance of the mind or brain?
Step 2: Functional test:
- Can they (a) understand, (b) retain, (c) weigh up the information relevant to the decision?
- Can they communicate their decision?
For each of these of these statements, decide if they are true or false with regards to an Advanced Directive:
A) Must be witnessed
B) Must have capacity at the time it is written
C) Allows refusal of specific treatments
All true!
An Advanced Directive:
A) Must be witnessed
B) Must have capacity at the time it is written
C) Allows refusal of specific treatments
What might an advanced statement contain?
Details of the person’s wishes, feelings, beliefs and values.
How do you test whether someone has been deprived of their liberty?
- Are they under continuous supervision and control?
2. Are they not free to leave?
True or false: Deprivation of Liberty Safeguards can be applied to anyone lacking capacity.
False.
Must meet other criteria, including:
- 18 years or older
- Mental Health Act wouldn’t be more suitable
- Is in a care home or hospital
True or false: An emergency DoLS lasts for 7 days and a standard DoLS lasts for 1 year.
True.
An emergency DoLS lasts for 7 days and a standard DoLS lasts for 1 year.
True or false: DoLS confers the right for doctors to treat in the patient’s best interests.
False.
DoLS give no right to treatment. If treatment is required then we must assess capacity and if they lack capacity provide treatment in their best interests
