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Flashcards in Mental Health Legislation Deck (17):

The two principle legislations within Mental Health are _____________ and ______________

What does each Act help with?

Mental Health Act (MHA) 1983/2007 = informs about treating someone with a MENTALillness and ensuring their safety ad others

Mental Capacity Act (MCA) 2005 = assess anyone with a PHYSICAL illness to conclude if they have the capacity to make certain decisions at a certain time.


Being "sectioned" means that the MHA was applied to the patient.

What is the process for the MHA assessment?

1. Assessed by 2 Drs + 1 AMHP (MH nurse/ social worker)

2. Assessors make own decision on whether patient suitable for detention

3. If AMHP agrees that patient needs sectioning --> AMPH makes application and all 3 forms sent

(If Drs don't agree with AMHP then they can find another Dr to assess)


For the MHA assessment what criteria must the Drs fill to be an approved assessor?

1 Dr must be section 12 trained (experienced at diagnosing/treating mental health conditions)

1 Dr must know the patient


List the 3 criteria for detention under the MHA.

1. Must have a MENTAL DISORDER (diagnosis or not) of such a DEGREE that warrants detention

2. RISK to own health/safety or others

3.UNWILLING VOLUNTARY admission to hospital


The important sections to be aware of are ..................

Define each one

Section 2 - admission for assessment

Section 3 - admission for treatment

Section 5 (2) = detention of in-patients

Section 135 = Warrant police to search for and remove patient from their property to a place of safety for assessment (only use once)

Section 136 = detention of mentally disordered person in public place


For Section 2 and Section 3
- how long do they last for?
- at what point can you appeal?

Section 2 - assessment, up to 28 days. Appeal within 14 days once detained.
(Then either take them off section or transfer to section3)

Section 3 - treatment, up to 6months. Appeal twice within 1st 6 months.
Can renew for another 6 months then annually. Then can appeal annually


Section 5(2) is the doctors holding power for a patient wanting to leave the ward when you suspect they have a mental disorder and are at risk to themselves or others.

Who can implement this?
Does it apply in A&E?
How long do they last for?

F2 or above (nominated by Consultant)

No - A&E = a public place

Up to 72hrs

Can stop them from leaving/ restrain/ security whilst waiting for MHA assessment*


Which types of public servants can implement Section 136?

Does it apply to A&E?

How long does it last for?

Police only (check with AMHP 1st)

Yes - A&E is a public place. Take them to 136 assessment suite OR place or safety

Up to 24hrs


If you are ever worried about an individual at home, you can ask the police to do a welfare check.

True or False?



Do you appeal before you are detained or once you are detained?

Once you are detained

Have 1 opportunity


The MCA is used when treating anyone with a physical illness.

Define ;lack of capacity.

Being unable to make a decision based on impairment or disturbance of mind or brain


What are the 2 stages of the Capacity assessment?

1. Diagnostic test - Cause of impairment or disturbance of mind/ brain

2. Functional test - understand, retain, weight up, communicate info


List the key points of the MCA 2005

All adults assumed to have capacity until proven otherwise

Making an unwise decision doesn't mean they don't have capacity

Ability of patient to have decision should be optimised

capacity is DECISION-specific & TIME-specific

If lack capacity --> Make decision if their BEST INTERESTS, in the least restrictive wa


How do you determine the patients best interests?

Patients past wishes/ feeling/ values

LPA - for health/welfare or finances
IMCA (more serious rx or DoLS)
Advanced refusual for Rx (specific)


What is DoLs?

When is it used?

Where is it used?

Deprivation of Liberty = person under complete supervision and control of those caring for them and is not free to leave

When: not under MHA + lack capacity + deprived of liberty for best interests

Where: homes, hospitals, mental health wards


If treating a physical illness for someone who is under the MHA then you can use the MCA to authorise Rx if capacity is lacking.

True or False?



Section 5(4) is...

Mental health nurses holding power

(wait for Dr to put a Section 5(2) in order to wait for MHA assessment