Sectioning and Legalities Flashcards
What sorts of conditions can the mental health act be used for?
Mental health conditions ONLY
For anything to do with physical health conditions the MENTAL CAPACITY ACT should be used
***the only sort of exception to this is re-feeding people with eating disorders. This can be done under the mental health act because it is deemed sequelae of their mental health condition
What needs to happen before someone can be sectioned?
They must be assessed by two separate doctors - one of these doctors MUST BE section 12 approved. The other one is often someone who knows the patient (either a GP or a doctor from the ward)
- CANNOT DO THIS AS FY1
The patient must then be seen by am AMHP (allied mental health professional) this is commonly a social worker
The AMHP will be the person to fill out and submit the sectioning paperwork
What ethical principles should be pertained to when sectioning someone?
Chose a method that is the LEAST RESTRICTIVE (maximise independence)
EMPOWERMENT and INVOLVEMENT of patient is very important
RESPECT AND DIGNITY for the patient
Alway assess its PURPOSE and EFFECTIVENESS
Also assess its EFFICIENCY AND EQUALITY
What criteria does someone have the fulfil before they can be sectioned?
They must be suffering from a mental disorder that WARRANTS DETENTION AT HOSPITAL
They must be a danger to themselves or others
They must be unwilling to go to hospital voluntarily (if someone lacks capacity even if they consent to coming in you cannot take this as a informed, capacitous decision so you do still technically section them
If you need to section someone because they need to have a formal assessment of their mental health condition what section should you consider using?
SECTION 2 - This is often used when someone needs to be admitted for assessment after a first presentation of mental health disorder
NO TREATMENT CAN BE GIVEN under section 2
How long does a section 2 last?
28 days
If someone needs to be sectioned for the treatment of their mental health condition which section should you consider using?
Section 3 - this is often used when someone has a previously identified mental health disorder but they need treatment for it
CAN ONLY TREAT THEIR MENTAL HEALTH DISORDER (no physical/medical treatment unless this is thought to be an underlying cause or sequelae)
How long can a section 3 last?
6 months
Can you appeal a section 3?
Yes, can be appealed twice within the first 6 months and then yearly thereafter
What section can you consider using if patients are already in hospital, have a mental health disorder and are threatening to leave?
SECTION 5(2) - DOCTORS HOLDING POWERS This can be used on patients who have already been admitted to hospital (no use in community or A&E) - Cannot do as FY1
How long does a section 5(2) last for and what needs to be done in this time?
72 hours
Within this time a formal mental health assessment needs to be performed by a psychiatrist / section 12 approved doctor
Can you administer physical treatment under a section 5(2)?
NO - no treatment of any form can be given until a formal mental health assessment can be done
What method of sectioning can the police use to remove someone from a private premises and take them to a place of safety?
SECTION 135
What method of sectioning can the police use to remove someone from a public place to take them to a place of safety?
SECTION 136
What abilities must be display to have capacity? What are the two domains of capacity?
First remember that everyone over the age of 18 is assumed to have capacity until prove otherwise
When assessing capacity their is a diagnostic test and a functional test
DIAGNOSTIC - Does someone have an organic disorder or mental disturbance that impacts their ability to make a decision
Functional test
- ABILITY TO UNDERSTAND INFORMATION TOLD TO THEM
- ABILITY TO RETAIN THAT INFORMATION
- ABILITY TO WEIGH UP THAT INFORMATION
- ABILITY TO COMMUNICATE THEIR DECISION
