The Mental Health Act

Question 1

What is the Mental Health Act (MHA) 1983?

Answer 1

Allows compulsory admission of people who:
* Have a mental disorder of a nature or degree that warrants assessment or treatment in hospital, AND
* Need to be admitted in the interests of their own health or safety, or for the protection of other people.

Every attempt should be made to persuade them to go voluntarily. If they

Question 2

What is section 2 of the MHA?

Answer 2

Allows admission for assessment for up to 28 days.
Need:
*AMHP (or nearest relative)
* 2 doctors (one section 12 approved e.g Psychiatrist, and one who knows the patient e.g GP). If no one knows the patient for 2nd recommendation - can be another section 12(2) approved Dr or any Dr.
* treatment can be given against patient wishes

not renewable

Question 3

What is section 3 of the MHA?

Answer 3

Section 3 allows compulsory admission for treatment for up to 6 months.

Need:
*AMHP (or nearest relative)
* 2 doctors (one section 12 approved e.g Psychiatrist, and one who knows the patient e.g GP).

Treatment can be given against patient wishes

can be renewed

Question 4

What is Section 4 of the MHA?

Answer 4

Exceptional circumstances.
Allows compulsory admission for up to 72 hrs in urgent need, when delay would occur organising a section 2

Need:
* AMHP (or the person’s nearest relative)
* one doctor’s recommendation, preferably the patient’s GP

usually changed to section to on arrival in hospital

Question 5

What is section 5(2) of the MHA?

Answer 5

Section 5(2) allows the responsible consultant or their nominated deputy to detain an existing inpatient for a maximum of 72 hours

Question 6

What is section 5(4) of the MHA?

Answer 6

Section 5(4) gives nurses the ability to detain an existing inpatient for a maximum of 6 hours.

Question 7

What is section 136?

Answer 7

Used by police to take people who appear to have a mental disorder from a public space to place of safety to be assessed.

• can only be used for up to 24 hours, whilst a Mental Health Act assessment is arranged

Question 8

What is section 135?

Answer 8

a 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 17a?

Answer 9

• 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