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Mental Health Act

Mental Health Act. Ruth Derham GPST1 Tuesday 23 rd October 2012. Content. Mental Health Act 1983 (amended 2005) Section 5(2), 5(4) Section 2 Section 3 Mental Capacity Act 2005. Mental Health Act. Part I Definitions Part II Civil Sections Part III Forensic Sections

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Mental Health Act

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  1. Mental Health Act Ruth Derham GPST1 Tuesday 23rd October 2012

  2. Content • Mental Health Act 1983 (amended 2005) • Section 5(2), 5(4) • Section 2 • Section 3 • Mental Capacity Act 2005

  3. Mental Health Act • Part I Definitions • Part II Civil Sections • Part III Forensic Sections • Part IV Consent to Treatment • Part IVa Treatment of community patients not recalled to Hospital (CTOs) • Part V Tribunals

  4. Mental Health Act • Detention and treatment of patients with mental disorder • Mental disorder is not defined (nature or degree) • Mental disorder is symptoms expressed through the mind irrespective of cause, including: • Mental illness • Personality disorder (not psychopathy) • Learning disabilities (if another disorder of mind eg aggressive, irresponsible) • Excludes drug and alcohol unless causes disorder of the mind

  5. Mental Health Act • Severity appropriate to admisson to hospital • Appropriate treatment must be available • No less restrictive options available

  6. Section 5(2) • Must already be an inpatient • Doctor’s holding power (Not FY1s) • Maximum 72 hours • Must already be an inpatient • Not allowed to force treatment • No leave

  7. Section 5(4) • Must already be an inpatient • Nurses’ holding power • 6 hours

  8. Section 2 and 3 • Required professionals • 2 independent doctors and an AMHP • AMHP = approved mental health practitioner (usually social worker, can be CPN) • Doctors • One specialist knowledge (Section 12 approved) • One with prior knowledge (GP or treating psychiatrist)

  9. Section 2 • Admission for treatment order • Up to 28 days • Section 17 leave • 2 doctors and an AMHP

  10. Section 3 • Admission for Treatment Order • Up to 6 months • Section 17 leave • 2 doctors and an AMHP • More restrictive – Tribunal/Manager’s Hearing may take longer

  11. Compulsory Treatment Order • AMHP and doctor • Specific criteria (RC to change) • Can recall and detain for 72 hours (must be Consultant) • Then must either return to CTO or apply for Section 3

  12. Forensic Sections • Section 136: • By police • Detention • Can transfer • Must be in a public place • Section 135: • Like 136 but removal from home for an assessment • Application by an AMHP • Magistrate authorises

  13. Mental Capacity Act • Authorising a deprivation of liberty, emergency cases for life saving treatment whilst a decision of the court of protection is awaited • Must be: • Power to detain not treat • Nursing home or hospital • Over 18 • Not detained under MHA (MHA trumps MCA) • Best interests

  14. Content • Mental Health Act 1983 (amended 2005) • Section 5(2), 5(4) • Section 2 • Section 3 • Mental Capacity Act 2005

  15. Questions?

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