Mental Health Act Section Summary PDF

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Risk and Legal Framework: Mental Health Mental Health Act 1983

Rights of people with mental health problems regarding: • • •

Assessment and treatment in hospital Treatment in the community Pathways into hospital (civil and criminal)

Inpatients in psychiatric wards are either informal (voluntary) or formal (involuntary)

Section 2 - Assessment Order • •

• • •

Patients can be sectioned for up to 28 days Must be signed off by: o 2 clinicians o 1 approved social worker Professionals agree that patient is mentally unwell and requires a full assessment in a psychiatric setting Type of mental disorder that the patient is thought to be suffering from does not have to be disclosed Treatment can be provided against the patient's will

Section 3 - Treatment Orders • •

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Same as section 2 but for 6 months The ASW (Approved Social Worker) must seek the consent of the nearest relative, and the patient cannot be detained if this relative objects. Can be renewed for 6 months or even sometimes for a year Doctor must state the category of mental illness

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Treatment can be given; but after 3 months, either: o Patient has to consent to treatment o Third doctor must review the patient and give consent Appeal – patient may appeal to mental health review tribunal o Section 2 appeal – must be made within 14 days o Section 3 appeal – must been made within 6 months

Section 4 - Emergency Order • • • •

Admission for emergency treatment - lasts up to 72 hours Must be signed by a doctor and approved social worker Only used for assessment - cannot treat against the patient's will with this order Section 4 can be converted to section 2 when in hospital and approved by another doctor

Section 5 (2) • • •

Emergency detention of an inpatient on a ward at a hospital Detention for up to 72 hours Must be FY2 or above

Section 135 • •

Police may enter patient's premises and remove a person to a place of safety for 72 hours Can only be used if a social worker has obtained a warrant. Cannot treat against the patient’s will.

Section 136 • •

Police may detain a patient in a public place Do not require a warrant beforehand; cannot treat...