MHA Treatment Flashcards
s63
Any ‘medical treatment’ can be given, so long as:
1. it is for the mental disorder from which he is suffering
2. it falls outside statutory safeguards in:
s57
s58
s58A
3. given by or under direction of the AC in charge
s145(4)
Medical treatment means medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of it’s symptoms or manifestations
s145(1)
Includes nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care
Intention for s63
Intended to be used for perfectly routine and sensible treatment therefore lack of safeguards, authorises what would otherwise be assault
CoP 26.69
Physical restraint refers to any direct physical contact where intention is to prevent, restrict or subdue movement of a body (or part of a body) of another
CoP 26.70
P’s should not be deliberately restrained in a way that impacts airway, breathing or circulation. Mouth/nose should not be covered and there should be no pressure to neck/rib cage or abdomen. No planned or intentional restraint in prone position.
26.103
Seclusion refers to supervised confinement and isolation of P, away from others where prevented from leaving, immediate necessity for the purpose of containment of severe behavioural disturbance likely to cause harm to others.
R (Munjaz)
Seclusion amounts to treatment within MHA and the power to seclude is implied as a ‘necessary ingredient flowing from a power of detention for treatment’.
Hague 1992
Cannot have a prison within a prison - proved wrong in Munjaz.
GJ v Foundation Trust
Dementia and diabetes, unconnected. Insulin treatment didn’t directly affect dementia therefore MCA:
1. Treatment can include medical and surgical for consequences of mental disorder such as treatment for self injury or self-poisoning
- Principle or approach does not extend to medical or surgical treatment of unrelated physical conditions where giving that treatment will not impact upon pre-existing disorders
Grubb
Not parliaments intention to license the treatment of physical conditions which are not a cause or symptom of mental disorder
R v MHAC
Condition “Inextricably linked”
24.4
Act defines medical treatment for mental disorder as medical treatment which is for the purpose of alleviating/preventing a worsening of mental disorder or one of more of its manifestations
24.5
This includes treatment of physical health problems only to the extent that such treatment is part of, or ancillary to, treatment for mental disorder
s58
3 month medication rule
- Requires consent or a SOAD
- After 3 months, meds can continue to be given if
a) P with capacity consents (certified by AC or SOAD) or
b) P with capacity refuses or lacks capacity but SOAD certifies it is ‘appropriate’ for treatment to be given - 2nd opinion
