Mental Health Act

Question 1

Does S135 of the Mental Health Act 1983 required a warrent?

Answer 1

Yes

Question 2

Who do you need be accompanied by S135 Mental Health Act 1983?

Answer 2

AMHP and a doctor

Question 3

What is Mental Health Act 1983?

Answer 3

MHA regulates the assessment, treatment and rights of people with mental disorder

Question 4

What are there two reasons S135 of MHA is done?

Answer 4

Enter premises in order to search individual named in warrant to:

1. ENTRY TO PREMISES IF NEED BY FORCE
2. REMOVAL OF PERSON CONCERNED TO PLACE OF SAFETY

Question 5

What is Place of safety?

Answer 5

Hospital

Police Station (Not children)

Residential accommodation by local social services

Care home or Independent hospital

Question 6

What is S136 MHA?

Answer 6

Power remove a mentally disorder person WITHOUT WARRANT.

Question 7

Where can you do S136 MHW?

Answer 7

No dwelling but in public place

Question 8

Can you do S136 MHA in a garage?

Answer 8

No. Can’t do it in a house/ flat/ room where person lives/garage or outhouse connected to house

Question 9

Detention under S135 and S136 should never exceed … Hours

Answer 9

36 Hours from time of arrival

Question 10

When is the Mental Capacity Act 2005 used?

Answer 10

If person incapable of making decision and requires care for another other reason eg. medical condition

Question 11

The Mental Capacity Act 2005 protect people ….. and over? (age)

Answer 11

16 or OVER

Question 12

Name TWO of the Mental Capacity Act 2005 principles? (Section 1)

Answer 12

1. Must not be treated as if unable to make decisions because of previous unwise decisions.
2. Any decision and action taken must be in persons BEST INTEREST.

Question 13

Can you ID a CURE?

A useful tool for remembering these criteria is ID CURE. To use the MCA to briefly detain somebody, the following criteria must be satisfied:

Answer 13

a person is suffering from either an Impairment or Disturbance of the mind or brain

and

they cannot Communicate, Understand, Retain or Evaluate information relevant to a particular decision

Question 14

When a person is on private premises, Section 2 of the Mental Health Act 1983 allows them to be compulsory admitted to hospital for a mental health assessment to be carried out.

Who can approve this admission to hospital?

Answer 14

Approved Mental Health Professional (AMHP).