Medical Law – Mental Health Act 1983 [Updated 2007]

Medical Law – Mental Health Act 1983 [Updated 2007]

[Music] welcome to this lecture on medical law reviewing the Mental Health Act and its relevance for doctors again here is our legal disclaimer the information I am providing here is intended for education purposes only and with all information provided being well documented in the public domain under no circumstances shall we accept any liability for any loss or damage incurred as a result of improper use of this lecture if you require independent legal advice please seek a professional legal opinion I am a medical doctor not your lawyer the Mental Health Act was introduced in 1983 and provided legal support for the detainment and treatment of mental health patients in England and Wales in 2007 the Act was overhauled to its current state today five guiding principles are outlined in the Mental Health Act these include one health care professionals should aim to use the least restrictive option and maximise independence where possible we should aim to avoid any involuntary detention number two empowerment and involvement where possible patients should be directly involved in the decisions regarding their treatment plus it’s important to consider the views of family and close friends three respect in dignity all patients and their families must be treated with respect at all times purpose and effectiveness treatment of mental health patients must have a clear directed outcome and follow best practice guidelines and finally efficiency and equity providers must work together to provide high-quality mental health care in order for clinicians to understand who this act is relevant for we must have a clear understanding of what constitutes a mental disorder thankfully and the amendment of the Mental Health Act in 2007 provides us with such a definition a mental disorder is considered as any disorder or disability of the mind under certain circumstances it may be required to detain a person against their will this is also known as sectioning detention may be considered in both the emergency and inpatient settings were an individual with a mental health disorder is determined to pose a significant risk of harm to themselves or others detention permits clinicians to provide urgent assessments and treatments where necessary outside the hospital setting in emergency circumstances the police have the authority to detain individuals under two separate sections section 135 permits police to enter a property to detain a patient with suspected mental health problems section 136 allows for the detention of individuals in a public place under both these sections the police may hold the individual for up to 24 hours with the aim of bringing that individual to a place of safety for a formal assessment outside the hospital again under a section for an application for detention may also be prompted by the patient’s nearest relative or an approved mental health professional and am HP mental health professionals our health care work is approved by the local services authority to undertake duties under the Mental Health Act this particular section requires the support of one medical practitioner sometimes the GP and aims for emergency detention of the individual we’re an approved mental health doctor is then going to be available to assess them detention under this section is permitted for up to 72 hours pending the assessment in the hospital setting the ability to detain mental health patients resides for both the nursing staff and the doctors on the section 5 subsection for nursing staff are permitted to detain patients for up to six hours pending an assessment by a doctor where a doctor reviews these patients they’re able to detain patients for a further 72 hours under Section 5 subsection 2 for the purpose of a full assessment and consideration of further detention for treatment of a mental health condition under the Mental Health Act for patients requiring longer periods of assessment section 2 permits detention up to 28 days application is usually made by the patient’s nearest relative or an approved mental health professional section 2 requires the further support of two medical doctors one of which must be an approved doctor an approved doctor is considered to be someone with special experience in the diagnosis and treatment of mental health disorders section 3 provides support for long periods of detention for the purpose of treatment again applications are made by the nearest relative or an approved mental health professional with the support of two doctors again one being an approved doctor the initial period for detention is up to six months but may be subject to an extension first extensions are usually granted for six months and any further extensions are usually made on a 12 monthly basis where patients are receiving treatment for mental disorders the Act provides guidance on what treatment can be provided this is directed by how long the patient has been detained patience being detained for less than three months can be treated for the mental health disorder even where they withhold consent and we’re capacity is maintained patients in detention greater than three months under Section fifty eight consent is required and must be completed by the patient’s supervising consultant should a patient choose to withhold consent or lack capacity the opinion of a second clinician is required in order to proceed with treatment under the Mental Health Act this person is given the term second opinion appointed doctor or SOAD for short of course there are special circumstances were outside of the above guidelines treatment may be required where emergency treatment for their mental health condition is required but no soad second opinion is readily available the responsible clinician can authorize such treatment under the section 62 of the Mental Health Act this is most commonly for patients who are still awaiting a second opinion in rare circumstances patients may require neurosurgical treatment or hormonal treatments for the management of complex conditions where such treatment is proposed under a section 57 of the Mental Health Act the patient is required to provide consent and the treatment should be supported by a second opinion responsible clinicians may consider patients safe to have authorized period of absence from hospital but remain under the care of the Mental Health Act this is governed by section 17 where patients whilst on leave are identified to have potential for causing significant harm to themselves or members of the public the patient must be recalled where patients have gone from hospital or failed to return after a leave of absence the police have the authority to bring them back to Hospice using section 18 of the Mental Health Act under certain circumstances patients may also require transfer between hospital settings this is governed by section 19 of the Mental Health Act of course there will be circumstances where patients or their families did not agree with the detention therefore there is a right to appeal patients who are detained under section two or three of the Mental Health Act have a right to appeal this may be raised by themselves or by a nearest relative during each stage of the detainment one right to appeal exists however it is not possible to appeal detention where it’s under an emergency setting so let’s review what we’ve learned the Mental Health Act was introduced in England and Wales in 1983 and has seen an update in 2007 the Act supports the detainment and treatment of patients with mental health disorders who pose a risk of harm to themselves or the members of the public where necessary medical professionals are authorized to treat patients against their consent for the management of their psychiatric condition thank you for watching this lecture in the next lecture we’ll review the Data Protection Act of 1998 this Act regulates the way in which confidential information regarding living individuals is processed and stored if you haven’t already don’t forget to subscribe click that bell and leave us a comment down below letting us know where you are studying because our team love to know any questions and topic requests are of course welcome to see you next time

Medical Law – Mental Health Act 1983 [2007] – Capacity assessment, Lasting Power of Attorney, Advanced Directives, Independent Mental Capacity Advocates (IMCAs)

Mental Health Act 2007 Update – *UK LAW* – Essential for Medical Interviews & Examinations of all levels.
Relevance to malpractice compensation claims against medical professionals regarding informed consent.

Covers:
1. Introduction to Mental Health Act 1983 [Updated 2007]
2. 5 principles of the Mental Health Act 1983 [Updated 2007]
3. How to define Mental Disorder under the Mental Health Act
4. Compulsory Detention & Sectioning under the Metnal Health Act
5. Police Detainment of Suspected Mental Disorder Patients
6. Nearest Relative & Approved Mental Health Professionals (AMHPs)
7. Section 4 – Emergency Detainment for Assessment
8. Section 5 (2) & Section 5 (4) – Hospital Detainment for Assessment
9. Section 2 – Formal detention for assessment
10. Section 3 – Formal admission for treatment
11. Treatment of detained mental health patients
12. Special circumstances of treatment
13. Absence / Leave from hospital under Mental Health Act
14. Appeals against detention under Mental Health Act
15. Summary of Mental Health Act 1983, updated 2007

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