About: Jurisdiction
Acute use by Hospital doctors
In the acute ward setting it is the ward doctor who under advice from Psychiatry will issue a section 5(2) if the suspect a deterioration in the patients mental health that requires that they stay and requires an urgent further psychiatry assessment. There is more information here
Sections of the MHA
Key sections of the Mental Health Act, 2007 Section 2 A period of assessment and treatment which lasts for up to 28d. Not renewable. An approved mental health professional (AMHP) makes the application on the recommendation of two doctors. An AMHP may be a social worker, nurse, occupational therapist, or psychologist.
Section 3
Admission for treatment up to 6mth. Is renewable for a further 6 mth and annually thereafter. AMPH makes the application on the recommendation of two doctors
Section 4
Emergency admission for assessment. Lasts 72h. Requires one medical practitioner so could be a ward doctor and is due to concerns about the deterioration in a patients mental health. Can be used if admission under section 2 would cause an undesirable delay.
Section 5(2)
Can be issued by a ward doctor in order to allow the legal detention of an informal patient for assessment. Designed as an emergency order in order for a mental health act assessment to take place. Section 5 (2) can last up to 72 hours, but it is simply a temporary hold for the assessment to be coordinated which should be triggered as soon as it is put in place. The assessment itself will be by an Approved Mental Health Professional and two doctors, usually, a doctor who is responsible for the service users care and if possible the second doctor also knows the service user, such as their GP. It cannot be 2 doctors from the same ward or team. The assessment by the Approved Mental Health Professional and doctors will decide whether the person needs further detention under section 2 or 3 or whether section 5 (2) could be rescinded and the person could remain in hospital on an informal basis.
Section 5(4)
Issued by a mental health nurse. Allows detention of an informal patient for up to 6h until doctor assessment
Section 17 a
Supervised community treatment order
Section 136
Allows police to arrest a person in a public place and who is believed to be suffering from a mental disorder. Lasts up to 72h. The person is taken to a place of safety (eg ED)
References
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Mental Health Act 1983
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