Know Your Rights

Bradley Report (2009) = Over-representation of people with intellectual or learning disabilities in the criminal justice system A 2014 study of 200 detainees in SE London = 6.7% had a learning disability Information provided by the Royal College of Psychiatrists (RCPsych) = Diverse range of mental disorders encountered by healthcare professionals http://www.bild.org.uk/resources/factsheets/ = Further reading and information about population prevalence of learning disabilities

Mental illnesses = Conditions with a disturbance in mental state and functioning Adjustment disorders = Conditions with a disturbance in mental state and functioning Substance misuse disorder = Conditions with a disturbance in mental state and functioning Undiagnosed mental disorders = Mental disorders which have not caused individuals to seek medical advice

GP = Treats majority of patients suffering from a mental disorder in the community Healthcare professional with relevant training and expertise = Treats majority of patients suffering from a mental disorder in the community People with intellectual or learning disabilities = Over-represented in the criminal justice system Individuals with undiagnosed mental disorders = May be many in the community

<p>Part III = Concerned with Criminal Proceedings or Under Sentence Part IV = Consent to Treatment Part V = Mental Health Review Tribunals Part VI = Removal and Return of Patients Within UK etc</p> Signup and view all the answers

<p>Nearest Relative = The surviving relative who appears highest in the list of recognised relationships AMHP = Can make an application for admission or detention under s.3 SOAD = Second Opinion Approved Doctor appointed by the Care Quality Commission MHRT = Mental Health Review Tribunals that review the detention of patients</p> Signup and view all the answers

<p>s26(6) = Cohabitee who lives with the patient ‘as’ husband/wife/civil partner is treated as being the husband/wife/civil partner s29 = The patient can apply to displace his nearest relative s35 = Allows for a remand to hospital for a report on the accused’s mental condition s36 = Allows for the remand of an accused person to hospital for treatment</p> Signup and view all the answers

<p>Tribunal Judge = A lawyer who is part of the MHRT Independent psychiatrist = A member of the MHRT Lay person = A non-specialist member of the MHRT Patient = Has the right to be represented by a lawyer of their own choice</p> Signup and view all the answers

<p>Section 135 = Person does not have to be removed, has right to legal advice, but no right of Appeal against Section 135 order Section 136 Subsection (1) = Constable may remove a person appearing to suffer from mental disorder to a place of safety Section 136 Subsection (1A) = Power of a constable can be exercised anywhere except a house, flat, room, yard, garden, garage or outhouse that is used in connection with the house, flat or room Section 136 Subsection (1B) = For the purpose of exercising power, a constable may enter any place, if need be by force</p> Signup and view all the answers

<p>Section 135 = No changes mentioned Section 136 = Revised, with changes to the provisions Section 136 Subsection (1A) = New addition, outlining where the power of a constable can be exercised Section 136 Subsection (1B) = New addition, allowing a constable to enter any place by force if needed</p> Signup and view all the answers

<p>Section 135 = Person has the right to legal advice Section 136 Subsection (1) = A person appearing to suffer from mental disorder may be moved to a place of safety by a constable Section 136 Subsection (1A) = The power of a constable can be exercised anywhere except specific residential areas Section 136 Subsection (1B) = A constable may enter any place, if need be by force</p> Signup and view all the answers

<p>Section 2 = Compulsory Detention for Assessment Section 3 = Compulsory Assessment for Treatment Section 4 = Admission for Assessment in Cases of Emergency Section 17A = Supervised Community Treatment</p> Signup and view all the answers

<p>Nearest Relative = Can make an application for a person to be sectioned or placed under guardianship Approved Mental Health Practitioner = Makes the application on receipt of the two recommendations Section 12 approved = A medical practitioner approved under section 12 having special experience in the diagnosis or treatment of mental disorder Community Treatment Order = A patient subject to Section 3 of the MHA can be discharged to the community by the Responsible Clinician subject to being liable to recall</p> Signup and view all the answers

<p>Detention under Section 2 or 3 = Assessment by two medical practitioners and an Approved Mental Health Practitioner Admission for Assessment in Cases of Emergency = Requires a recommendation from only one medical practitioner Medical Recommendations section 12 = Requirement for two medical recommendations before a patient can be compulsorily detained Supervised Community Treatment = A patient subject to Section 3 of the MHA can be discharged to the community by the Responsible Clinician subject to being liable to recall</p> Signup and view all the answers

<p>Section 2 = Warrants detention in hospital for assessment Section 3 = Makes it appropriate for patient to receive treatment in hospital Section 4 = Allows for emergency admission Section 17A = Provides for Supervise Community Treatment or Community Treatment Orders</p> Signup and view all the answers

<p>Section 2 = 28 days Section 3 = 6 months (renewable) Section 4 = 72 hours Section 135(1) = 24 hours (or 36 hours if authorised by a clinician)</p> Signup and view all the answers

<p>Section 2 = Treatment Section 3 = Treatment Section 4 = Admission for assessment in cases of emergency Section 135(1) = Assessment</p> Signup and view all the answers

<p>Section 2 = Two medical recommendations, at least one section 12 approved Section 3 = Two medical recommendations, at least one section 12 approved Section 4 = One medical recommendation, if practicable a doctor acquainted with the person Section 135(1) = AMHP must apply to a magistrate for a warrant</p> Signup and view all the answers

<p>Section 2 = Person must be suffering from mental disorder of nature or degree which makes it appropriate for them to receive medical treatment in a hospital Section 3 = Person must be suffering from mental disorder of nature or degree which makes it appropriate for them to receive medical treatment in a hospital and treatment cannot be provided without detention Section 4 = Person suffering from a mental disorder and detention is in the interests of person's own health or safety, or for the protection of others Section 135(1) = Person is believed to have a mental disorder and is not receiving proper care and it is necessary to gain access to their premises to remove them</p> Signup and view all the answers

<p>Primary care = Patients with more complex problems may be referred from here to secondary care or specialist services Secondary care = Patients with the most complex problems may require care and treatment in hospital from this level Community care = Care provided by a multidisciplinary team including psychiatrists, community psychiatric nurses (CPN), social workers, psychologists, occupational therapists and support staff Hospital care = Data from an NHS confederation report in 2016 showed that 51% of inpatients were subject to admission under the Mental Health Act, 1983</p> Signup and view all the answers

<p>Mental Health Act (1983) and 2007 = England and Wales The Mental Health (Northern Ireland) Order, 1986 = Northern Ireland Mental Health (Care and Treatment) (Scotland) Act 2003 = Scotland</p> Signup and view all the answers

<p>Detention under mental health acts = Relevant to the legislation that covers the assessment, treatment and rights of people with a mental disorder Community treatment orders = May encountered in primary and secondary care, in police custody or in the community Treatment without consent = Relevant to the interplay between MHA &amp; Mental Capacity Act (MCA) Vulnerable adults = Relevant to the care of people with mental disorder and intellectual disability</p> Signup and view all the answers

<p>Changed definition of ‘mental disorder‘ = To 'any disorder or disability of the mind' Exclusion of certain disorders = Dependence on alcohol or drugs are recognised disorders in major classification systems, but are excluded within the meaning of mental disorder in the Mental Health Act Change in Professional Roles = Approved Clinician (AC) can now include social workers, clinical psychologists, and nurse specialists, not just senior psychiatrists</p> Signup and view all the answers

<p>Responsible Clinician (RC) = The Approved Clinician with overall responsibility for care and treatment of patients being assessed/treated under the MHA Approved Mental Health Professionals (AMHP) = Professionals who perform a broad range of tasks under the MHA including coordinating Mental Health Act Assessments and making applications for compulsory detention Guiding Principles of the Act = Principles which should be considered when making decisions about possible detention Part I of the Act = Includes the definition of mental disorder</p> Signup and view all the answers

<p>Least restrictive option and maximising independence = Where it is possible to treat a patient safely and lawfully without detaining them under the Act, the patient should not be detained Empowerment and involvement = Patients should be fully involved in decisions about care, support and treatment Respect and dignity = Patients, their families and carers should be treated with respect and dignity and listened to by professionals Efficiency and equity = Providers, commissioners and other relevant organisations should work together to ensure that the quality of commissioning and provision of mental healthcare services are of high quality and are given equal priority to physical health and social care services</p> Signup and view all the answers

<p>Mental disorder = Any disorder or disability of the mind Dependence on alcohol or drugs = Not considered to be a disorder or disability of the mind for the purposes of the definition of mental disorder Intellectual (learning) disabilities (LD) and Autistic Spectrum Disorders (ASD) = Forms of mental disorder as defined in the Act Personality Disorder = The Act does not distinguish between other forms of mental disorder and therefore applies to those with a Personality Disorder</p> Signup and view all the answers

<p>LD and no other form of mental disorder = May not be detained under the Act unless they also demonstrate abnormally aggressive or seriously irresponsible conduct ASD alone = Possible for someone with ASD alone to be detained with no other mental disorder, provided the relevant criteria are met Mental impairment or psychopathic disorder = Prior to the 2007 Act, patients with mental impairment or psychopathic disorder could not be detained in hospital for treatment unless it could be stated that medical treatment was likely to alleviate or prevent a deterioration of their condition Alcohol/ drug dependence related disorders = Remain mental disorders for the purpose of the Act and a patient presenting with a withdrawal state with delirium or associated psychotic disorder and acute intoxication may fulfil the criteria for compulsory detention/treatment under the MHA</p> Signup and view all the answers