Sectioning and Legalities Flashcards
What sorts of conditions can the mental health (1983) 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
Who is involved when sectioning a patient?
- Two doctors must see the patient (one must be section 12 approved psychiatrist, other often knows the patient) CANT DO THIS AS AN F1
- AMHP (allied mental health professional) this is commonly a social worker, they will fill out and submit the sectioning paperwork. They can refuse the doctors recommendation.
What ethical principles should be pertained to when sectioning someone? (5)
FIVE ETHICAL PILLARS OF SECTIONING
- 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? (3)
MENTAL HEALTH CRITERIA
- They must be suffering from a mental disorder that WARRANTS DETENTION AT HOSPITAL
- They must be a danger to themselves or others
- Refusing admission OR accepting admission but lacking capacity (could change their mind)
What is a section 2?
SECTION 2
- This is often used when someone needs to be admitted for assessment after a first presentation of mental health disorder
-patients we don’t really know
NO TREATMENT CAN BE GIVEN under section 2
How long does a section 2 last?
When can you appeal?
- Section 2 lasts 28 days (can’t be extended)
- can be appealed after 14 days
What is a section 3?
SECTION 3
- admission for TREATMENT
- this is often used when someone has a previously identified mental health disorder but they need treatment for it
- patients we do know
How long can a section 3 last?
what are the extension timings?
- Section 3 lasts 6 months
- Can be extended: further 6 months, further 6 months, 1 year
Can you appeal a section 3?
Yes, can be appealed twice within the first 6 months and then yearly thereafter
What is a section 5?
SECTION 5
- Holding power-if patient already in hospital wants to leave
- 5(2) fully registered doctor holding power (not F1) lasts 72 HOURS
- 5(4) nurses holding power lasts 6 HOURS
- This can be used on patients who have already been admitted to hospital (no use in community or A&E)
- Cannot do as FY1
What are the conditions of section 5?
Which situations do not permit section 5?
- Patient must already be admitted into a bed in hospital
- Cant do in A and E
Can you administer physical treatment under a section 5(2)?
Cant give treatment under 5(2) but you can treat under MCA best interests
What is a section 135?
SECTION 135
- police use section to remove someone from a private premises and take them to a place of safety. Lasts 24 hours
What is a section 136?
SECTION 136
-police use to remove someone from a public place to take them to a place of safety (they should talk to crisis team first)
What are the two parts of the capacity assessment?
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
1.DIAGNOSTIC - Does someone have an organic disorder or mental disturbance that impacts their ability to make a decision
- FUNCTIONAL
a) ability to understand
b) ability to retain
c) ability to weigh up
d) ability to communicate
