The Mental Health Act

Question 1

Minimum requirements for section under MHA

Answer 1

The patient must have a mental disorder, ie any disorder or disability of mind but alcohol or drug addiction are insufficient on their own to detain a person under the Mental Health Act.

The patient’s mental disorder must require hospital detention for assessment or treatment and the detention must be necessary in the interests of the patient’s health or safety, or with a view to the protection of others

Question 2

Section 2 of mental health act
What's it for?
For how long?
How many people are needed for it?
Why?

Answer 2

admission for ASSESSMENT for 28 days max
can be appealed by patient
1 AMHP + 2 doctors (1 section 12 approved)
Diagnosis not needed - just a mental disorder
For their or others’ safety

Question 3

Section 3 of mental health act
What's it for?
For how long?
How many people are needed for it?
Why?

Answer 3

Admission for TREATMENT for 6 months - can be renewed
1 AMHP + 2 doctors (1 section 12 approved)
Patient has mental disorder needing hospital Rx
Rx in their/public interest
Rx is available for them

Question 4

Section 4 of mental health act
What's it for?
For how long?
How many people are needed for it?
Why?

Answer 4

Admission for EMERGENCY - 72 hours

1 AMHP + 1 doctor
Patient has mental disorder needing hospital Rx
Rx in their/public interest
not enough time to wait for 2 doctors for a section 2

Question 5

Section 5(2) of mental health act
What's it for?
For how long?
How many people are needed for it?
Why?

Answer 5

Doctors holding power for an INPATIENT wanting to leave (any hospital)
72 hours to decide what to do or they can go
Cannot treat the patient coercively

Question 6

Section 5(4) of mental health act
What's it for?
For how long?
How many people are needed for it?
Why?

Answer 6

Nurses holding power for an INPATIENT wanting to leave (any hospital)
6 hours whilst waiting for a doctor to attend
Cannot treat the patient coercively

Question 7

Section 136 of mental health act

What’s it for?

Answer 7

Police detaining someone in a public place suspected of having a mental disorder

Question 8

Section 135 of mental health act

What’s it for?

Answer 8

Police removing someone from their home with court approval to a place of safety - police cell/psychiatric unit