Sections of the Mental Health Act Explained
Sections of the mental health act
* Definitions * Section 1 of the mental health act 1983 was amended in 2007. This section of the act defines a mental disorder as 'any disorder or disability of mind ' it goes on to state that a “learning disability” is define as a state of arrested or incomplete development of the mind which also includes impairment of intelligence and social functioning (MHOL, 2010).
For the purpose of the act a person who has a learning disability is not considered to be suffering from a mental disorder nor require any hospital treatment unless their disability has been associated with “abnormal aggressive behaviour or irresponsible conduct on their part”. Mind 2010 point out that a person could be detained without their disability without their disability being described as above under the emergency provision of section 135, which is a warrant to search and remove a patient; 136, if found in a public place, s4 assessment of emergency admission, s5, compulsory detention of an informal patients whom are already in hospital and s2 admission for assessment.
The department of health (DoH)codes of practice (2010) goes on to state When determining if a person has a disorder or disability of the mind the skills of a professional who has good clinical knowledge of what constitutes a mental disorder must be sort. * Section 2
The use of this section of the act allows a person defined under s1 of the act to be compulsory detain to a hospital or guardianship. In order for a person to be detained under this section three people must agree that you need to be detained unless there are exceptional circumstances (rethink 2010). The People involved in this decision making process should be an Approved Mental Health Professional (AMHP) or the patients nearest relative and a doctor who has received special training and a registered medical practitioner. The DoH (2008, p3) codes of practice point out, that It is good practice for one of the
* Definitions * Section 1 of the mental health act 1983 was amended in 2007. This section of the act defines a mental disorder as 'any disorder or disability of mind ' it goes on to state that a “learning disability” is define as a state of arrested or incomplete development of the mind which also includes impairment of intelligence and social functioning (MHOL, 2010).
For the purpose of the act a person who has a learning disability is not considered to be suffering from a mental disorder nor require any hospital treatment unless their disability has been associated with “abnormal aggressive behaviour or irresponsible conduct on their part”. Mind 2010 point out that a person could be detained without their disability without their disability being described as above under the emergency provision of section 135, which is a warrant to search and remove a patient; 136, if found in a public place, s4 assessment of emergency admission, s5, compulsory detention of an informal patients whom are already in hospital and s2 admission for assessment.
The department of health (DoH)codes of practice (2010) goes on to state When determining if a person has a disorder or disability of the mind the skills of a professional who has good clinical knowledge of what constitutes a mental disorder must be sort. * Section 2
The use of this section of the act allows a person defined under s1 of the act to be compulsory detain to a hospital or guardianship. In order for a person to be detained under this section three people must agree that you need to be detained unless there are exceptional circumstances (rethink 2010). The People involved in this decision making process should be an Approved Mental Health Professional (AMHP) or the patients nearest relative and a doctor who has received special training and a registered medical practitioner. The DoH (2008, p3) codes of practice point out, that It is good practice for one of the
References: Department of Health (2008). Code of Practice: Mental Health Act 1083. London: The Stationary office. P250-256 Citing from electronic journals: HMSO. (2010) S117 of the mental health act. Available: http://www.mentalhealthlaw.co.uk/117. Last accessed 23rd Oct 2011. MIND. (2011) mental health act. Available: http://www.mind.org.uk/help/rights_and_legislation/mental_health_act_1983_an_outline_guide. Last accessed 23rd Oct 2011. DWP. (2011) mental health act. Available: http://dwp.gov.uk/publications/specialist-guides/medical-conditions/mental-health-act.shtml. Last accessed 23rd Oct 2011 Department of health. (2011) available: http://www.dh.gov.uk/en/Healthcare/Mentalhealth/InformationontheMentalHealthAct/DH_4001816 last accessed 23rd Oct 2011 Rethink (2010) avaliable: http://www.rethink.org/living_with_mental_illness/rights_and_laws/rights_to_care_treatment/section_117_aftercare/section_117_aftercar.html last accessed 23 Oct 2011. (MHLO) Mental Health Law Online (2010) available: http://www.mentalhealthlaw.co.uk/Main_Page last accessed 23rd Oct 2011.