The Mental Health Act 1983

1. The Mental Health Act 1983 Dr Hema Henry

2. Under common law, a doctor may generally only give treatment only after consent. CAPACITY FOR CONSENT : Comprehend & retain treatment information Believe it Able to weigh and balance the information and make a choice Under Statutory law, MHA 1983 provides for mentally ill people to be treated without consent

3. With skill and patience,a sympathetic doctor can persuade an initially uncooperative patient to accept hospital admission. • However, occasionally compulsory hospital admission and detention under the MHA 1983 will be required.

4. Indications for compulsory admission and detention under the MHA 1983: 1. The patient must suffer from a mental disorder of a nature and degree which warrants hospital detention for assessment or treatment: (a) In the interests of his own health or safety. (b) With a view to the protection of others. 2. There are four categories of mental disorder: (a) Mental illness (b) Mental impairment (c) Severe mental impairment (d) Psychopathic disorder 3. The following are not mental disorders and are therefore excluded under the MHA: (a) Alcohol or drug dependence (b) Promiscuity or immoral conduct (C) Sexual deviancy

5. Definitions of mental illness, mental impairment, severe mental impairment and psychopathic disorder: “Mental Illness” is said to be present whenever a person’s abnormal thoughts, feelings or sensory impressions cause him objective or subjective harm which is more than transitory.The terms “mental impairment” and “severe mentalimpairment” are used in the act where learning disability is associated with abnormally aggressive or seriously irresponsible conduct.“Psychopathic disorder” must be a persistent disorder or disability. It must result in abnormally aggressive or seriously irresponsible conduct

6. Section 2 Admission for assessment/assessment & treatment Duration – upto 28 days Grounds : Mental disorder which warrants detention for sake of own or other’s health Requirement : 2 Doctors one of whom is Sec.12 approved and the other who knows the Pt. e.g.. GP Application : Relative or Social worker

7. Section 3 Admission for treatment Duration – upto 6 months (renewable) Grounds : Mental disorder which warrants detention eg. Psychopathic disorder Requirement : ( as in Sec 2 ) 2 Doctors one of whom is Sec.12 approved and the other who knows the Pt. eg. GP Application : Relative or Social worker

8. Section 4 Admission in emergency for assessment Duration – upto 72 hours Grounds : as in Section 2 (Mental disorder which warrants detention for sake of own or other’s health) Requirement : 1 Doctor Application : Relative or Social worker

9. Section 5(2) Detention of patient in the ward Duration – upto 72 hours Grounds : Mental disorder which warrants immediate restraint from leaving hospital Requirement : Doctor in charge or his Deputy

10. Section 5(4)Nurse Holding Power Detention of patient in the ward Duration – upto 6 hours Grounds : Mental disorder which warrants immediate restraint from leaving hospital Requirement : Nurse

11. Section 136 Allows police to arrest a person in a public place who they believe to be mentally ill. Conveyed to a ‘Place of Safety’ for assessment. Detained upto 72 hours.

12. Penrhyn CastleThank You