Mental Heath Act

Question 1

What does section 328 of the MHA 2003 define a mental disorder as?

Answer 1

Any mental illness, personality disorder, learning disability however it is caused or manifested.

Question 2

How long does an emergency detention certificate last for?

Answer 2

72 hours

Question 3

How long does a short term detention certificate last for?

Answer 3

Up to 28 days

Question 4

How long does a compulsory treatment order last for?

Answer 4

Up to 6 months and then is reviewed

Question 5

How long is the nurses holding power for?

Answer 5

3 hours

Question 6

What section of the MHA does the emergency detention certificate covered in?

Answer 6

In section 36

Question 7

What wording is used in the MHA that an approved medical practitioner must “___________” when completing the certificate

Answer 7

Consider it likely

Question 8

Can an FY1 fill out an emergency detention certificate?

Answer 8

no it must be a fully registered doctor

Question 9

When applying for a compulsory treatment order under section 64 of the MHA what health care professionals need to be involved?

Answer 9

Mental health officer
And
2 approved medical practitioners

Question 10

What does SIDMA stand for?

Answer 10

Significant impairment of decision making ability for medical treatment

Question 11

What does SIDMA include?

Answer 11

In terms of treatment:
lack of insight, 
cognitive impairment, 
presence of psychosis, 
severe depressive symptoms or 
learning disability

Question 12

What is said to be presumed about capacity in adults?

Answer 12

It is presumed to be present unless proven otherwise

Question 13

What piece of legislation deals with adults who lack capacity?

Answer 13

Adults with incapacity act 2000 (scotland)

Question 14

What is a guardianship order?

Answer 14

Where someone else has been appointed to make decisions on behalf of the AWI (can be financial +- welfare)

Question 15

Can you use the AWI 2000 act to get adults to remain in hospital without their will for treatment in their best interests?

Answer 15

No - you would need to use the MHA 2003 to get them detained.

Question 16

If someone is accused of a crime can they use the criminal justice and licensing act 2010 to get a reduced sentence solely on the basis of them having a diagnosed personality disorder?

Answer 16

No

Question 17

What does the diminished responsibility mean for people with a mental health disorder?

Answer 17

It means they can get their sentence reduced or be excused of their crime due to their mental state

Question 18

Under what section of the diminished responsibility act can someone use their mental health as the reason for defence?

Answer 18

Section 51B

Question 19

What does the mental health act allow?

Answer 19

To detain
To assess
To treat

Question 20

Can people under the age of 18 be detained?

Answer 20

Yes but

‘Need’ child / adolescent specialist (CTO etc)

Question 21

What are some of the criteria for short term detention?

Answer 21

Patient has:
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

Question 22

What is the criteria to assess capacity?

Answer 22

Communication
Understanding
Retention of information
Decision
(CURD)

Question 23

What aspects does AWI(S)A 2000 concern?

Answer 23

Property
Welfare (Medical)
Financial

Question 24

What 2 orders does AWI(S)A 2000 concern?

Answer 24

Intervention Order

Guardianship Order

Question 25

What does the intervention order include?

Answer 25

One off power required

Application to the court

Question 26

What does the Guardianship order include?

Answer 26

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.

Question 27

How does Adult Support and Protection (Scotland) Act 2007 define adults at risk?

Answer 27

Unable to safeguard their own well-being, property, rights or other interests
At risk of harm; and
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.