Sections

Question 1

Informal

Answer 1

A patient will consent to staying in hospital informally as this is the least restrictive option. If a patient decides to leave but the clinician believes they are at risk to themselves or others, then a section can be initiated for assessment.

Question 2

Section 5(4)

Answer 2

Nurses holding power, up to 6 hours.
Not renewable and no appeal rights.

Question 3

Section 5(2)

Answer 3

Doctors holding power, up to 72 hours
Not renewable and no appeal rights

Question 4

Section 2

Answer 4

Up to 28 days for a period of assessment
Appeal to managed or tribunal within the first 14 days of detention
Treatment can be given against the patients will, however this does not include ECT

Question 5

Section 37

Answer 5

Similar to section 3 but applied by the courts when they believe hospital is better instead of prison

Question 6

Section 41

Answer 6

Can be attached to section 37
Means that the ministry of justice has responsibility over security of patient e.g. discharge/leave and the RC has responsibility over treatment

Question 7

Section 117 (after care)

Answer 7

Provides a duty on the local authority to provide after care under certain statutory conditions attached to certain quality detention orders

Question 8

Section 3

Answer 8

Up to 6 months (+ 6 months, + annually) for treatment but it is good practice to take a patient off of the section 3, before it lapses.
Appeal to manages or tribunal once within the first 6 months. Then appeal again within following 6 months.
Treatment can be given against patients will within the first 3 months.
After 3 months, consent and approval of a Second Opinion Approved Doctor (SOAD) must be obtained to allow treatment to continue against the patients will (does not include ECT)
Section 17 form must be completed to allow the patient to have leave off the ward

Question 9

Section 135 (1)

Answer 9

Issues a warrant of entry to remove a person form their home to a place of safety.

Question 10

Section 135 (2)

Answer 10

Issues a warrant of entry to remove a person already subject to the MHA but who is AWOL (under section 18)

Question 11

Section 136

Answer 11

Enables police to remove a mentally disordered person from a public place (not their home) to a place of safety. Patients can be kept in the place of safety for up to 72 hours whilst waiting for a MHA assessment.

Question 12

Section 17

Answer 12

Leave of absence
RC authority, must be completed prior to leave
Recorded on Rio
Includes specifics and conditions of leave e.g. location, escorted/unescorted, times and frequency.
Students must check with a qualified nurse prior to letting any patient off the ward.

Question 13

Section 17A- community treatment orders (CTO)

Answer 13

A patient can be treated in the community as long as they adhere to the conditions of the CTO.
A patient can only be placed on a CTO if they have been detained under Section 3 of MHA. The CTO can be revoked, and the patient returned to hospital if conditions of the CTO are broken e.g. refusing to take depot injection.

Question 14

Section 132- Duty to provide information

Answer 14

Proving information to patients, relative and cares is not only essential in ensuring understanding but also a statutory requirement under Section 132
Information must be provided in the most appropriate manner to enable understanding
The department of health had produced a leaflet to enable information to be provided, ask your mentor where this is located on your ward.
Section 132 is recorded in RIO