\> 18yrs \< 18 Can still be detained ‘Need’ child / adolescent specialist (CTO etc) Use specialist resources (where ever possible)

Mental Health Legislation COPY Flashcards by Becca M

Involuntary treatment may need to be given for mental illness, why?

Treatment of a small group of patients
Severely unwell, lost touch with reality (psychotic)
Risk to self or others

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what is the legal hurdle that is involved in giving involuntary treatment for a mental illness?

Mental health legislation provides a legal mechanism

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what are the general criticisms of involuntary treatment?

Seen as ill-liberal
May be poorly compatible with international human rights norms
European Convention on Human Rights / Human Rights Act/ Scotland Act
Universal Declaration of Human Rights (United Nations)
Convention on the Rights of Persons with Disabilities (United Nations)
Unnecessary for most patients
Counterproductive for some patients
Practical problems in administering treatments

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what are the ethical principles involved in the ethical criticisms of involuntary treatment?

Non-maleficence
Autonomy (liberty)
Paternalism (hard – ignores patient’s views)
Non-discrimination (physical vs mental illness e.g. diabetes)

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what are some ethical justifications for involuntary treatment?

Beneficence (including reducing risk)
Autonomy (may promote reasoned autonomy)
Right-to-treatment (is this a human right?)
Paternalism (soft – “shaping”)

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What is the Mental Health Legislation in the UK?

Scotland:

Mental Health (Care & Treatment) (Scotland) Act 2003
“MHA”

England and Wales:

• Mental Health Act 1983 [amended by Mental Health Act 2007]

Northern Ireland:

• Mental Health (Northern Ireland) Order 1986

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why the 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

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what are the principles that come under the mental health act

Non-discrimination

Equality

Respect for diversity

Reciprocity

Informal care

Participation

Respect for carers

Least restrictive alternative

Benefit

Child welfare

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we use the term mental disorder

what is a mental disorder defined as?

any mental illness,
personality disorder or
learning disability
however caused or manifested

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a mental disorder is not a mental disorder if only one of the following are present:

Sexual orientation
Sexual deviancy
Transsexualism
Transvestism
Dependence on, or use of, alcohol or drugs
Behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person
Acting as no prudent person would

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what does the mental health act give powers to?

Civil compulsory powers
To detain
To assess
To treat
Determined by:
an approved medical practitioner, s.22 (AMP)
Mental Health Officer (MHO)
The court

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who can be detained?

> 18yrs
< 18
Can still be detained
‘Need’ child / adolescent specialist (CTO etc)
Use specialist resources (where ever possible)

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what are the different Civil Compulsory Powers?

Emergency detention certificate EDC

Short-term detention certificate STDC

Compulsory Treatment Order CTO

Nurses holding power

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How long does Emergency detention certificate EDC allow detention for?

Authorises detention for up to 72 hours

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how long does Short-term detention certificate ST allow detention for?

Authorises detention for up to 28 days

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how long does Compulsory Treatment Order CTO allow detention for?

Authorises detention for up to six months

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how long does Nurses holding power allow detention for?

Authorises detention for up to two hours

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an EDC allows for upto 72 hours of detention, how is it authorised?

Authorises transfer to psychiatric hospital
Fully registered practitioner
MHO consent “where practicable”
No right of appeal
“likely” has MD & SIDMA (significant impairment of decision making ability) for MD
Granting of STDC undesirable delay
Significant risk exists to self or others
Assessment & ER treatment only

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STDC authorises detention for upto 28 days, but what is involved?

Must be an Approved Medical Practitioner (AMP)
MHO essential
Named person consulted
Assessment & treatment
Right of appeal

What is the criteria for STDC?

The patient has a mental disorder
The patient’s ability to make decisions about the provision of medical treatment is significantly impaired as a result of that mental disorder
It is necessary to detain the patient in hospital for the purpose of determining what treatment should be given to the patient or giving that treatment
There would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person if the patient were not detained in hospital
The granting of a certificate is necessary

a CTO allows detention for upto 6 months, how is it done?

Application by MHO to the MHTS
Two medical reports: GP and AMP
Proposed Care Plan
Criteria as for STDC
Community or hospital

what is the 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

‘Significant impairment of decision making ability about medical treatment for mental disorder’ - SIDA, what things are classed as this?

lack of insight,
cognitive impairment,
presence of psychosis,
severe depressive symptoms or
learning disability

what do the Mental Health Tribunal for Scotland
(MHTS) do?

Civil applications and review of civil & criminal orders

CTO applications

Appeals

2 year mandatory reviews

Cross border transfers

Excessive security

what powers do the police have under the mental health act?

* Removal from a public place * Appears to be in immediate need of care or treatment to a place of safety * Detain for up to 24 hours * Purpose to allow assessment and make arrangements for their care and treatment. * Mental Health Nurses do have holding powers until assessment by A doctor

what is the definition of an adult with incapacity?

what principles must be considered while 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.)

Capacity is ________ to be present unless ______ otherwise

presumed proven

depends on the situation: * May have capacity for some ________ but not others * Said to be decision \_\_\_\_\_\_\_

decisions specific

what information may we gather to assess capacity?

* Appropriate information from the history and the evidence before the court * Consult the notes * Has the decision about certain capacity things already been made? * Any carers/family etc * Any previous assessments * Any previous power of attorney * Any previously stated views

in a clinical assessment you should focus on criteria for capacity which is what?

* Communication * Understanding * Retention of information * Decision

in a clinical assessment you should look for if the person can communicate and then think what ways can this be overcome?

* Sign language * Written communication * Makaton (simplified sign language) * Hearing Aid * Braille * Translator * Simplified language - ?SaLT help needed

in a clinical assessment, what do you need to do in relation to the pateints understanding?

* Do they have adequate information? * Pros and cons * Ability to weigh the evidence * Discussed important risks more than 5% - note the decision in Montgomery v Lanarkshire * Can any lack of understanding be overcome with more information etc

in a clinical assessment, how do you assess a patients retention?

* What did I want you to do? * What did I tell you? * Can you explain it to me?

what areas does the AWI (adults with incapacity) allows us to work in?

* Property * Welfare (Medical) * Financial

what powers does the AWI give?

Intervention Order: * One off power required * Application to the court Guardianship Order: * Two doctors (one approved) * MHO application * Needs to specify powers * Can be financial or welfare or both * Registered with the office of the public guardian.

The authority conferred by subsection (2) shall not authorise: * (a) the use of _____ or detention, unless it is immediately necessary and only for so long as is necessary in the circumstances; * (b) action which would be inconsistent with any decision by a competent \_\_\_\_\_; * (c) placing an adult in a hospital for the treatment of mental disorder against his \_\_\_\_.

force court will

what come sunder AWIA and MHA?

AWIA: * Welfare * Financial and property * Physical illness MH(S)A: * Psychiatric * Can encompass secondary physical issues eg NG feeding

what is the aetiology of delerium and incapacity?

* Chest infection * Sepsis * Alcohol * BDZ withdrawal

what are the treatment options of delerium and incapacity?

* AB’s * AB’s * Hydration, Thiamine, Parvolex, Diazepam * BDZ

what is the difference between Advance Directive v Advance statement

**_AD:_** * not statute * treatment you don’t want when incapacitated * Has to be specific to the situation * In writing * Still valid **_AS:_** * MH(C&T)(S)A * Treatment for MD that do or do not want when incapacitated * Dr to “give due regard” to * If override, write to the MWC with reason

what is adult protection?

* Law, policies & procedures that dictate and influence responses in situations where it is suspected, or known, that certain adults are experiencing harm or abuse. * Deals with harm inflicted by others, self-harm & neglect

what is the definition of adults at risk?

1. unable to safeguard their own well-being, property, rights or other interests; 2. at risk of harm; and 3. because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected must meet all of these things to be termed an adult at risk

what are the different types of harm?

conduct which causes **physical harm**, conduct which causes **psychological harm** (for example by causing fear, alarm or distress), **unlawful conduct** which appropriates or adversely affects property, rights or interests (for example theft, fraud, embezzlement or extortion), conduct which causes **self-harm**

what do you do if you suspect an adult is at risk?

* Discuss with a senior * Document concerns * Report to the relevant local authority

what are the duties of the local authorities under the adult support and protection act

make inquiries to establish whether action is required, where it is known or believed that an adult is at risk of harm and that intervention may be necessary to protect the adult apply to the sheriff for the grant of a protection order. This may be an assessment order, a removal order, a banning order or temporary banning order