MHA 1983

Question 1

In the absence of consent, when would you use the MCA 2005 or MHA 1983?

Answer 1

MCA 2005

• loss of capacity + in best interests?
• physical, mental illness

MHA 1983

• mental disorder + RISK?
• mental illness

Question 2

Section 17

Answer 2

Responsible clinician authorises planned leave from hospital with conditions

Question 3

Section 117

Answer 3

If discharged from S3, under S17 => can receive free aftercare relating the MH problem to prevent deterioration

Question 4

Discharge from MHA

Answer 4

Not the same as being discharged from hospital, just not detained

Can be discharged by

• responsible clinician, tribunal
• if section runs out and not renewed

Question 5

What would you do if a person who may require MHA attempts to leave the ED

Answer 5

If they do not pose a risk to themselves or others => allow them to leave but notify care coordinator if known to CMHT

If they pose a risk to themselves or others => judge if they have capacity

If yes => escalate, common law
If no => do they pose a risk to self => S6 MCA
=> pose a risk only to others/property => Common law

Document rationale for any actions taken

Question 6

Types of emergency detention powers

• S5(2)
• S5(4)
• S136

Answer 6

S5 - patient actively trying to leave/discharge themselves from ward
-patient has mental disorder and a risk to self/others if they leave

S5(4) - emergency nursing power to detain patients currently admitted to psych/general hospital ward => S5(2) assessment by responsible clinician within the 6hrs that this is active

S5(2) - detain patients currently admitted to psych/general hospital ward => MHA assessment within the 3 days that this is active
-1 recommendation needed from responsible clinician

S136 - emergency police power in a public setting to assess patients with mental disorder in place of safety within 3 days

Question 7

MHA Assessment

• who is present
• where can this take place

Answer 7

MHA Assessment - 1 AMHP +

• 1 Dr who knows patient well + 1 S12 Drs (trained in mental health management OR
• 2 S12 Drs

Can take place in hospital, community, or patient’s home (S135 needed if denied entry)

Question 8

MHA

• S2
• S3

Answer 8

S2 - mental disorder that requires hospital assessment + risk to patient/others
-assessment must happen within 28 days

S3 - mental disorder that requires hospital treatment + risk to patient/others

• 6 months but renewed if needed
• consent needed from NOK