Sectioning under the Mental Health Act

Question 1

When is the mental health act used?

Answer 1

• This is used for someone over the age of 16 years who will not be admitted voluntarily.
• Patients who are under the influence of alcohol or drugs are specifically excluded
• Capacity assessment needed

Question 2

What is Section 2 of MHA?

Answer 2

• Admission for assessment for up to 28 days, not renewable
• An Approved Mental Health Professional (AMHP) or rarely the nearest relative (NR) makes the application on the recommendation of 2 doctors
• One of the doctors should be ‘approved’ under Section 12(2) of the Mental Health Act (usually a consultant psychiatrist)
• Treatment can be given against a patient’s wishes

Question 3

What is Section 3 of MHA?

Answer 3

• Admission for treatment for up to 6 months, which can be renewed
• AMHP along with 2 doctors, both of which must have seen the patient within the past 24 hours
• Treatment can be given against a patient’s wishes

Question 4

What is Section 4 of MHA?

Answer 4

• 72-hour assessment order
• Used as an emergency, when a section 2 would involve an unacceptable delay. Often changed section 2 upon arrival at hospital
• GP and an AMHP or Nearest Relative

Question 5

What is Section 5(2) of MHA?

Answer 5

• Patient who is a voluntary patient in hospital can be legally detained by a doctor for 72 hours

Question 6

What is Section 5(4) of the MHA?

Answer 6

Allows a nurse to detain a patient who is voluntarily in hospital for 6 hours

Question 7

What is Section 17a of the MHA?

Answer 7

• Supervised Community Treatment (Community Treatment Order)
• Can be used to recall a patient to hospital for treatment if they do not comply with conditions of the order in the community, such as complying with medication

Question 8

What is Section 135 of the MHA?

Answer 8

• Court order can be obtained to allow the police to break into a property to remove a person to a Place of Safety

Question 9

What is Section 136 of the MHA?

Answer 9

• Someone found in a public place who appears to have a mental disorder can be taken by the police to a Place of Safety
• Can only be used for up to 24 hours, whilst a Mental Health Act assessment is arranged