mental Health Act

Question 2

What does MHA stand for?

Answer 2

Mental Health Act (MHA) 1983

Question 3

What are the criteria for detention under MHA?

Answer 3

1. Evidence of mental illness
2. risk to society
3. patient will benefit from admission, 4. appropriate treatment is available.

Question 4

What are the principles of determining detention?

Answer 4

• Least restrictive option
• patient needs to be safe
• optimize their wellbeing
• provide effective treatment.

Question 5

Can MHA override MCA?

Answer 5

Yes, the MHA can override the Mental Capacity Act (MCA) - a patient can be detained even if they have capacity.

Question 6

What sections can be used in the commmunity

Answer 6

Sections 2 and 3

Question 7

What does section 2 entail

Answer 7

Can legally detain a patient for 28days for investigations

Question 8

What does section 3 entail

Answer 8

Can legally detain patient for up to 6 months for treatment

Question 9

Who do you need to detain under section 2 or 3

Answer 9

2 doctors + 1 AMHP

1 doctor needs to be S12 approved and who is ST4 plus

Question 10

Is section 2 renewable

Answer 10

No you can’t go over 28days

Question 11

Is section 3 renewable

Answer 11

Yes can go over 6 months

Question 12

Which sections do patient need to be inpatient for

Answer 12

Section 5(2)
Section 5(4)

Question 13

Describe section 5(2)

Answer 13

lasts up to 72hr
Called dr holding power
Basically waiting time while awaiting section 2 or 3

Question 14

Describe section 5(4)

Answer 14

Up to 6hr
Called nurse holding power
Basically awaiting doctor

Question 15

What sections come under federal

Answer 15

Section 135 and 136

Question 16

Describe section 135

Answer 16

Done by police
24-36hr
They can admit patient and access their home

Question 17

Describe section 136

Answer 17

Done by police
24-36hr
For patients with a suspected mental health illness they are showcasing in a public place