MHA AND MCA Flashcards
What is the mental capacity act 2005?
a law that protects vulnerable people over the age of 16 around decision-making
this tells you what you can do to plan ahead, how you can ask someone else to make decisions for you and who can make decisions for you if you dont have the mental capacity to make your own decisions.
What are your rights under the MCA?
you have the right to make your own decisions (not if detained under MHA), will be assumed to have capacity, you should recieve support to make your own decisions and any decisions made for you must be in your best interests
What is the MHA 1983?
the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder.
Outline section 2?
• if you have a mental disorder
• You need to be detained for a short time for assessment and possibly medical treatment
• It is necessary for your own health or safety/protection or others
Up to 28 days for assessment
Can’t be extended or renewed
Outline section 3?
• you have a mental disorder
• You need to be detained for your own health or safety or for the protection of other people, and
• treatment can’t be given unless you are detained in hospital.
Up to 6 months for treatment
6 months -> 6 months -> 12 months
No limit on the number of times the responsible clinician can renew section 3
Outline section 4?
• You have a mental disorder
• It is urgently necessary for you to be admitted to hospital and detained, and
• Waiting for a second doctor to confirm that you need to be admitted to hospital on a section 2 would cause “undesirable delay”.
Can be sectioned by one doctor only (together with the approved mental health professional)
Right are different e.g. you cannot be treated without consent.
Up to 72 hours
Outline section 5(2)?
Voluntary patient or inpatient
A doctor or other approved clinician in charge of your treatment needs to report to the hospital managers that an application to keep you in hospital (a detention section) ‘ought to be made’.
Up to 72 hours
Outline section 5(4)?
Voluntary patient recieving treatment for a mental disorder as an inpatient
a nurse specially qualified and trained to work with mental health problems or LD can detain you if they think your mental health problem is so serious that you need to be kept in hopsital immediately for your health or safety or protection of others or that it is so urgent that it is not practicable to get a practitioner to provide a report to the hospital managers.
Up to 6 hours Until a doctor or clinician with authority to detain you arrives
Outline section 17?
Gives the responsible clinician power to grant you leave for a specified period of time from the ward/hospital
This will likely be kept on certain conditions
Outline section 135?
there is reasonable cause to suspect that you have a mental disorder and you are:
• being ill-treated or neglected or not kept under proper control, or
• unable to care for yourself and live alone.
A magistrate can issue a warrant authorising a police officer with a doctor and an approved mental health professional, to enter any premises where you are believed to be and taken you to a place of safety
You can be kept in hopsital for up to 24 hours and can be extended to up to 36 hours in some circumstances
Outline section 136?
If it appears to a police officer that you have a mental disorder and are “in need of immediate care or control”, they can take you to a place of safety so that you can be examined by a doctor and interviewed by an approved mental health professional, and any necessary arrangements can be made for your treatment or care.
You can be kept in hopsital for up to 24 hours and can be extended to up to 36 hours in some circumstances
What is community treatment order?
an order made by your responsible clinician to give you supervised treatment in the community for your mental health problem. But your responsible clinician can return you to hopsital and give you immediate treatment if necessary.
It lasts 6 months but can be renewed
You will have a care coordinator asa your main point of contact
Who can be put on a CTO?
The Mental Health Act states that you can only be put on a CTO if you meet these criteria:
• You are suffering from a mental disorder for which you need to receive medical treatment.
• You need to receive this medical treatment for your health or safety, or for the protection of others.
• You can receive this treatment without needing to be detained in hospital.
• Your responsible clinician needs to be able to recall you to hospital if necessary.
• Appropriate medical treatment is available for you in the community
- you are NOT under section 2,4 or 5
What is a SOAD?
A doctor for a second opinion
this service safeguards the rights of patients detained under the MHA who either refuse the treatment prescribed to them or are deemed incapable of consenting
Aim is to prevent over medicalisation
Who are approved mental health professionals?
mental health professionals who have been approved by a local social services authority to carry out duties under the Mental Health Act. They are responsible for coordinating your assessment and admission to hospital if you are sectioned.
They may be:
• social workers
• nurses
• occupational therapists
• psychologists.
