The Mental Health Act (1983): Sections Flashcards
Briefly describe section 2
- Purpose
- Order
- Who can enforce?
- Duration
Purpose: admission for assessment- not renewable.
Order: assessment.
Who can enforce: an AMHP or rarely the NR makes the application on the recommendation of two doctors. One of the doctors should be ‘approved’ under section 12 of the MHA (usally a consultant psychiatrist).
Duration: 28 days.
Briefly describe section 3
- Purpose
- Order
- Who can enforce?
- Duration
Purpose: admission for treatment- renewable.
Order: treatment.
Who can enforce: an AMHP or rarely the NR makes the application on the recommendation of two doctors. One of the doctors should be ‘approved’ under section 12 of the MHA (uually a consultant psychiatrist).
Duration: 6 months.
Briefly describe section 4
- Purpose
- Order
- Who can enforce?
- Duration
Purpose: used as an emergency, when a section 2 would involve an unacceptable delay. Often changed to a section 2 upon arrival at hospital.
Order: emergency.
Who can enforce: GP and AMHP or NR.
Duration: 72 hours.
Briefly describe section 5(2)
- Purpose
- Order
- Who can enforce?
- Duration
Purpose: a patient who is a voluntary patient in hospital can be legally detained by a doctor.
Order: holding.
Who can enforce: doctor.
Duration: 72 hours.
Briefly describe section 5(4)
- Purpose
- Order
- Who can enforce?
- Duration
Purpose: similar to section 5(2) but completed by nursing staff.
Order: holding.
Who can enforce: nurse.
Duration: 6 hours.
Briefly describe section 136
- Purpose
- Order
- Who can enforce?
- Duration
Purpose: someone found in public who appears to have a mental disorder can be taken by the police to a place of safety.
Order: police.
Who can enforce: police officer.
Duration: 72 hours.
What is a community treatment order?
A community treatment order (CTO) allows patients on s3 who are well enough, to leave the hospital for treatment in the community. The decision is made by the responsible clinician (RC) with the agreement of the AMHP. The patient can be recalled to hospital if they do not comply with treatment or attend appointments. Once recalled they may be detained for up to 72 hours for assessment.
Briefly describe section 2 and 3
Section 2 (s2) allows for an admission, for assessment and response to treatment. It lasts up to 28 days. The purpose of section 3 (s3) is for the treatment of a mental disorder.
Patients can be detained under s3 if they are well known to mental health services or following an admission under s2. For s3, patients can be detained for up to 6 months, but may be discharged before this. Detention under s3 can be renewed for a further 6 months. After that, detention can be renewed for further periods of one year at a time.
What are the patients rights in section 2 and 3
A patient under s2 can appeal against the section to a tribunal during the first 14 days and to hospital managers at any time.
For s3, patients have the right to appeal against detention to a tribunal (only one time ) during the first 6 months of detention. If the s3 is renewed, an appeal can be made once during the second 6 months. Then an appeal can be made once during each one-year period.
Patients have the right to apply for discharge to the Mental Health Act managers at any time whilst they are detained and an Independent Mental Health Advocate can be sought to raise any issues patients have with their care and treatment.
Under s2 and s3, patients can’t refuse treatment. Under s3, patients can be treated against their will for 3 months, but after this time they are seen by a second opinion appointed doctor (SOAD) if they lack capacity to consent or are refusing treatment. A SOAD carries out an assessment to see if they think that the treatment is needed.
Briefly describe section 5(2)
Is the urgent detention of inpatients on any ward excluding A&E, by an AC. Patients on s5(2) must then be assessed for s2 or s3 or discharge from s5(2) to become an informal patient. There is no right to appeal.
Briefly describe section 5(4)
Allows urgent detention for up to 6 hours of an inpatient already receiving treatment for a mental disorder in hospital. It is carried out by a registered mental health nurse when a doctor is unable to attend immediately. There is no right to appeal .
Briefly describe section 136
Allows a police officer to remove an individual, who appears to suffer from a mental disorder, from a public place to a place of safety for assessment.
