Flashcards in Mental Health Act Deck (15):
Who can order an Emergency Detention
Any registered medical practitioner
-usually with the consent of a mental health officer (but can proceed without if urgent)
Who can order a:
Short term detention and compulsory treatment order
An APPROVED medical practitioner
What can the police do?
Place of safety order
How long can an emergency detention last?
72 hours maximum
Criteria for using emergency detention
Must be likely that the patient has a mental disorder
Patient’s ability to make decisions about medical treatment for mental disorder must be significantly impaired
No alternative to treatment in hospital required urgently
Short term detention impractical
Does a patient have the right to appeal an emergency detention?
Does an emergency detention authorise treatment?
No (unless emergency)
Who can admit someone for a 'short term detention'
An approved medical practitioner BUT requires MHO consent
Does a short term detention authorise treatment?
How long can a short term detention last?
Up to 28 days
Can someone appeal a short term detention?
Yes, they can appeal to the tribunal and mental welfare comission
Criteria for short term detention?
The patient has mental disorder
The patient’s ability to make decisions about the provision of medical treatment is significantly impaired as a result of that mental disorder (Significantly Impaired Decision Making Ability)
It is necessary to detain the patient in hospital for the purpose of determining what medical treatment should be given to the patient or of giving them medical treatment
There would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person if the patient were not detained in hospital
Granting of STD necessary
Who makes the application for a compulsory treatment order and who needs to support it?
Application made by a MHO and must be supported by 2 medical reports (one MUST be AMP)
-requires a tribunal hearing
How long does a compulsory treatment order last?
Up to 6 months