Mental Health Act 1983
The Mental Health Act 1983 is a piece of government legislation that informs people who have mental health disorders, what their legal rights are including how they can be treated.
The below covers the key areas around the MHA, with a link at the bottom of the page to access the legislation in full.
Sections:
Section 2 – detention for assessment for up to 28 days. Not renewable, at the end of the 28 days, RC must either discharge the section or application for section 3 must be completed. Right to appeal to Tribunal and Hospital Managers
Section 3 – detention for treatment for up to 6 months and can be renewed for a further 6 months then yearly. Right to appeal to the Tribunal and Hospital Managers.
Section 4 – detention for assessment in an emergency for up to 72 hours. Can be converted to a section 2 within that time frame. No right to appeal to Tribunal or Hospital Managers.
Section 5 – 5(2) is a doctors holding power for up to 72 hours due to patient being at risk if they were to leave hospital. It is indented to give time for a full MHA assessment to be arranged. 5(4) is a nurses holding power for up to 6 hours due to patient being at risk if they were to leave hospital and no doctor is immediately available to complete a 5(2). Neither have the right to appeal to the Tribunal or Hospital Managers.
Community Treatment Order (CTO) – liable to be detained in the community with the power of recall for up to 6 months and can be renewed for a further 6 months then yearly. Right to appeal to Tribunal and Hospital Managers.
Police:
135(1) – police warrant to enter private premises in order to bring an individual to a place of safety for the purpose of a MHA assessment.
135(2) – police warrant to enter private premises in order to bring a patient who is liable to be detained under the MHA back to hospital.
136 – police power to remove an individual who appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons be removed from any place apart from a private residence where that person or any person is living or any yard, garden etc that is used in connection with that residence and take them to a place of safety for the purpose of a MHA assessment.
Consent/capacity:
Medication – certain detained patients can be medicated with or without their consent. When first admitted to hospital, patients can be medicated for 3 months without their consent. After 3 months, we need a certificate in place stating that they either have capacity and do consent, have capacity and refuse consent or lack capacity to consent.