Mental Health Act

Question 1

How long can you detain on a section 2?

Answer 1

28 days

Question 2

Who needs to sign for a section 2?

Answer 2

2 medics and an AMHP

at least one needs to be section 12 approved

Question 3

What does a section 2 allow to happen?

Answer 3

A full psychiatric assessment

Question 4

Can it be renewed?

Answer 4

No

Question 5

Who performs the MHA assessment?

Answer 5

usually an AMHP

Question 6

When is a section 2 used?

Answer 6

When diagnosis or response to treatment is unknown

Question 7

Does it allow treatment?

Answer 7

Allows for treatment without consent for mental disorder under Part IV (medication can be given as part of the assessment process)

Question 8

How long can you detain on a section 3?

Answer 8

6 months

Question 9

Can it be renewed?

Answer 9

Yes

Question 10

What does a section 3 do?

Answer 10

Compulsory detention for treatment

Question 11

Who fills out a section 3 application?

Answer 11

AMHP

Question 12

Who is needed for recommendation?

Answer 12

2 medics

one needs to be section 12 approved

Question 13

Does the mental diagnosis need to be named?

Answer 13

Yes

Question 14

How long can treatment be given?

Answer 14

For 3 months, patient needs to consent after this or approved by a SOAD

Question 15

How long can you detain on a section 4?

Answer 15

up to 72 hours

Question 16

What is a section 4?

Answer 16

Emergency admission for assessment/ treatment if no time to draw up application for a section 2

Question 17

Who makes the application?

Answer 17

AMHP

Question 18

Who makes recommendation?

Answer 18

1 medic

Question 19

Can it be converted?

Answer 19

yes, to a section 2 if approved by another medic whilst in hospital

Question 20

Can you treat against patients will?

Answer 20

No

Question 21

What is a section 5?

Answer 21

Compulsory detention of patient who has come to hospital voluntarily and attempt to leave

Question 22

What is a section 5 (2)?

Answer 22

Doctors holding power for up to 72 hours for a MH assessment

Question 23

Criteria for a 5 (2)?

Answer 23

Must be suffering from a mental disorder of a nature or degree that warrants detention in hospital and

Ought to be detained for their own safety or with a view to protection of other persons

To enable an application for detention to be made and it is not safe or practicable to take the steps necessary to make an application for detention without detaining the patient in the interim.

Question 24

What is a section 5 (4)?

Answer 24

Nurses holding power for up to 6 hours

ends as soon as doctor arrives on ward

Question 25

When is a 5 (4) used?

Answer 25

Doctor not always available Must consider that the patient is suffering from a mental disorder that makes it necessary to prevent them from leaving for the patient’s own health or for the safety of others

Question 26

What is a section 135?

Answer 26

Provides authority to enter patients premises and remove to a place of safety (station) for up to 72 hours

Question 27

What are the two types of section 135?

Answer 27

Section 135 (1) – involves police, doctor and AMHP, Applies to people not already subject to the MHA Section 135(2) – involves police and member of staff looking after the patient, Applies to patients already subject to the MHA

Question 28

What is a section 136?

Answer 28

Allows for the removal of a person who appears to be suffering from a mental disorder and appears to be in immediate need of care and control in a public place

Question 29

How long does a section 136 last?

Answer 29

24 hours

Question 30

Purpose of a section 136?

Answer 30

Enables the person to be assessed by a doctor and an AMHP in a place of safety

Question 31

Are you allowed to treat under section 136?

Answer 31

No

Question 32

Can extensions be made?

Answer 32

Yes, a doctor can extend it by 12 hours if the condition of the person detained is such that it would not be practicable for the assessment by the end of the 24 hours

Question 33

What is section 17?

Answer 33

Community treatment order (CTO)

Question 34

What does section 17 allow?

Answer 34

Provides a framework for the management of patients in the community subject to conditions and gives the RC the power to recall the patient to hospital for treatment if necessary.

Question 35

Considerations for a CTO?

Answer 35

Patient must be under a section 3 | There must be agreement between the clinician and the AMHP

Question 36

3 principles for discharge conditions?

Answer 36

Must ensure that that the patient receives medical treatment for mental disorder Prevent a risk of harm to the patients’ health / safety Protect other people

Question 37

Examples of conditions

Answer 37

Living in certain area, therapy, drug testing

Question 38

How long does a CTO last?

Answer 38

6 months