Mental Health Act Flashcards
In what year was the Mental Health Act established and when was it amended?
1983
2007
What are the five guiding principles from the code of practice of the Mental Health Act?
- Least restrictive option and maximising independence
- Empowerment and involvement
- Respect and dignity
- Purpose and effectiveness
- Efficiency and equity
How is an assessment performed under the Mental Health Act?
- assessed by 2 Dr’s and 1 AMHP (ideally all attend to see the patient at the same time)
- each Dr must determine their own opinion regarding whether the person meets the criteria for detention
- the AMHP is always responsible for making the application to the receiving hospital (and can disagree with the assessing Dr’s recommendations)
Who should be involved with the decision making process and what information should they know?
1 Dr MUST be Section 12 approved
1 Dr should “have prior knowledge” of the patient (eg: GP)
The AMHP is independent and makes the final decision
regarding detention
A persons Nearest Relative can also make the final decision in
place of the AMHP (but this is very rare)
What are the criteria for detaining someone under the Mental Health Act?
Must be suffering from Mental Disorder (= “any disorder
or disability of mind”), of a nature or degree, which
warrants detention in hospital
AND
Must be at risk to own health AND/OR own safety
AND/OR risk to others
AND
Must be unwilling to go to hospital voluntarily
How should a patient who is willing to go to hospital but lacks capacity be admitted?
Under the Mental Health Act
What is section 2 of the mental health act?
Admission for assessment
Mental disorder of a nature or degree which warrants detention in hospital for assessment (or assessment followed by medical treatment)
Interests of patients own health / Interest of patients own safety / With a view to the protection of others
Requirement: AMHP + 2 Doctors, (1 must be Section 12 approved)
Lasts for UP TO 28 days
Can be appealed (within the first 14 days)
What is section 3 of the mental health act?
Admission for treatment
Mental disorder of a nature or degree which makes it appropriate for the patient to receive medical treatment in hospital
Interests of patients own health / Interest of patients own safety / With a view to the protection of others
Requirement: AMHP + 2 Doctors, (1 must be approved)
Lasts for UP TO 6 months
Can be appealed (twice within the first 6 months and then yearly after this )
What is section 5 of the mental health act?
Detention of informal patients already in hospital
In-patients only
- Demonstrate a mental disorder
- Identify associated risks (to self or others)
- State why continued informal admission is not possible
(refusal to stay / lack capacity to make this decision)
- State that therefore the person needs assessment under the MHA
Holding power so that a MHA assessment can be carried out
Lasts up to 72 hours
What is section 136 of the mental health act?
Mentally disordered persons found in public place
Mentally disordered persons in areas that are not private dwellings
If a police officer thinks that a person is suffering from a
mental disorder and is in immediate need of care they can take them to a place of safety to be assessed after discussing the case with a mental health professional
Last for up to 24 hours (or 36 if exceptional circumstances)
What are the 5 statutory principles of the Mental Capacity Act (2005)?
A person is assumed to have capacity
All practicable steps must be taken to help the person to make a decision
Do not treat people as unable to make decisions if they make an unwise decision
Any actions or decisions made on behalf of a person who lacks capacity must be in that person’s best interests
Before acting in a persons best interests it must be established there is no other less restrictive way to achieve the outcome
How do you assess capacity?
- Diagnostic Test
then - Functional Test
How perform diagnostic test?
At the time of the decision the person has an impairment of, or disturbance in functioning of, the mind or brain
How perform functional test?
- Understand the information relevant to the decision
- Retain that information
- Use or weigh that information as part of the process of making the decision
- Communicate his decision
How to determine someone’s best interests?
Consider:
a) The person’s past and present wishes and feelings
b) Beliefs and values
c) Views of anyone named by the person
d) Anyone engaged in caring for the person or interested in their welfare
e) Any donee of a lasting power of attorney
f) Any deputy appointed for the person by the court
g) IMCA (if appointed)
