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Mental Health Act and Mental Capacity Act (Sectioned (Risk based (risk to…
Mental Health Act and Mental Capacity Act
Sectioned
Risk
based
risk to others
risk to self
pt is refusing treatment/doesn't have capacity to consent
mental disorder that requires assessment or treatment
Mental disorder
(Must be suffering from)
any disorder, except:
Dependance on alcohol and drugs
Learning disability
unless agressive/irresponsible
to a psych hospital
within a "section" of the Mental Health Act
MHA made simple
sections 5 and 6 allow you to treat a patient in their best interest
http://ministryofethics.co.uk/?p=10
Section 136. Police can remove to a place of safety if patient in public place upto 72 Hrs
Section 135. warrant to search for and remove patients. AMPH or police can apply to the justice of the peace for a warrant/ enter, by force and remove person to a place of safety. must have reasonable cause to believe that person is suffering from mental disorder.
Section 17. organised leave. authorised by "responsible clinician"
Section 117. Aftercare. applies to patients detained under section 3 and section 37. it shall be the duty of the primary care trust or local health board and of the local social services
Section 37. power of the courts to order hospital admission or guardianship.
Conditions
detained in hospital
mentak disorder and;
MCA: 2 part test, impairment of brain/mind/ then functional test - understand, retain, use or weigh info and communicate
Decision specific
best interest
initially assumed to have it
Deprivation of liberty
DOLS
4 types of patients. admission
compliant incapacitated
MHA or dolls
non-compliant capacitated
MHA
Compliant capacitated
informal (or MHA)
non- compliant incapacitated
MHA
