Law

Question 1

What is the mental health act?

Answer 1

the law applying to the care of people who have a mental illness, learning disability, or related condition

includes emergency detention, short-term detention and compulsory treatment order.

Question 2

What is an emergency detention?

Answer 2

allows someone to be held in hospital for 72hrs to assess their condition

Question 3

Who can carry out an emergency detention?

Answer 3

any doctor

Question 4

What is able to be done under an emergency detention?

Answer 4

assess

urgent treatment only

Question 5

What is a short-term detention?

Answer 5

the usual way to treat someone as there is more safeguarding in place, allows someone to be held in hospital for 28 days

Question 6

Who can carry out a short-term detention?

Answer 6

a psychiatrist and a mental health officer both have to agree

Question 7

What can be done under an emergency detention?

Answer 7

assess and treatment against their will if doctor believes it is necessary

Question 8

Can someone appeal an

a) emergency detention?
b) short-term detention?
c) compulsory treatment order?

Answer 8

a) no
b) yes
c) during tribunal then 3 months later can be reviewed

Question 9

What is done if someone needs treated beyond the 28 days of a short-term detention?

Answer 9

can apply for a compulsory treatment order

Question 10

What is a compulsory treatment order?

Answer 10

a tribunal decides if a person needs long term treatment

Question 11

How long does a compulsory treatment order last for?

Answer 11

initially 6 months then extended for 6 months then extended for 12 months

Question 12

When can treatment be given under a CTO?

Answer 12

If tribunal agree to it or if its an emergency

Question 13

What is a mental health officer?

Answer 13

a social worker who has special training and experience in working with people who have a mental illness, learning disability, dementia or related condition.

Question 14

What is the adults with incapacity act?

Answer 14

safeguarding for the welfare and finances of those who lack capacity due to mental illness, learning disability, dementia or inability to communicate

includes welfare guardianship, power of attorney,

Question 15

What is welfare guardianship?

Answer 15

someone appointed by a court to make decisions regarding key decisions about someone’s welfare like where they live, medical treatment..

Question 16

Who might become a welfare guardian?

Answer 16

family member, friend, social worker

Question 17

Who supervises welfare guardianship?

Answer 17

local authority

mental welfare commission

Question 18

What is a power of attorney?

Answer 18

a position given by a person with capacity to deal with their affairs when they lose the capacity to do so themselves

documents must be certified by a solicitor/doctor

Question 19

How can medical treatment be given if someone does not have the capacity to consent to it?

Answer 19

given in emergency

otherwise a doctor carries out a section 47 certificate

Question 20

Can you use force to detain someone using a section 47 certificate?

Answer 20

no

only in an emergency, not continual

Question 21

How can covert medication be given?

Answer 21

under adults with incapacity act if assessed to not have capacity, use a specific treatment on a section 47 certificate

Question 22

How long can a section 47 certificate last?

Answer 22

upto a year

Question 23

Can covert medication be given to someone with capacity?

Answer 23

no

Question 24

What are the 5 aspects of the mental health act that need to be fulfilled?

Answer 24

1.The patient is likely to have a mental illness, personality disorder or learning disability however so caused.
2.There is treatment available that will alleviate or prevent the worsening of the condition.
3.There is a significant risk to the health, safety, and/or welfare of the patient; or to the safety of any other person.
4.There is significant impairment of decision making ability (SIDMA) about the treatment being offered as a result of
the mental disorder.
5.The granting of an order is necessary (e.g. why can’t this be done on a voluntary basis?

Question 25

What legislation allows for children to be treated against their will?

Answer 25

children’s Scotland act

must assess capacity individually